I 

111TH CONGRESS 

1ST SESSION H. R. 4322 

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 HOUSE OF REPRESENTATIVES 

DECEMBER 15, 2009 

Mr. SARBANES introduced the following bill; which was referred to the 

Committee on Education and Labor 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 on Physical Fitness and Sports Establishment Act’’. 

6 SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION. 

7 (a) ESTABLISHMENT.—There is established the Na8 tional Foundation on Physical Fitness and Sports (hereinVerDate Nov 24 2008 21:29 Dec 16, 2009 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4322.IH H4322

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1 after in this Act referred to as the ‘‘Foundation’’). The 

2 Foundation is a charitable and nonprofit corporation and 

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

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

5 are— 

6 (1) in conjunction with the President’s Council 

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

8 description of programs, events and other activities 

9 which would further the goals outlined in Executive 

10 Order 12345 and with respect to which combined 

11 private and governmental efforts would be beneficial; 

12 and 

13 (2) to encourage and promote the participation 

14 by private organizations in the activities referred to 

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

16 private gifts of money and other property to support 

17 those activities. 

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

19 least annually the Foundation shall transfer, after the de20 duction of the administrative expenses of the Foundation, 

21 the balance of any contributions received for the activities 

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

23 Health Service Gift Fund pursuant to section 2701 of the 

24 Public Health Service Act (42 U.S.C. 300aaa) for expendi25 ture pursuant to the provisions of that section and conVerDate Nov 24 2008 21:29 Dec 16, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4322.IH H4322

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1 sistent with the purposes for which the funds were do2 nated. 

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

4 (a) ESTABLISHMENT AND MEMBERSHIP.—The 

5 Foundation shall have a governing Board of Directors 

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

7 shall consist of 11 members each of whom shall be a 

8 United States citizen and— 

9 (1) 4 of whom must be knowledgeable or experi10 enced in one or more fields directly connected with 

11 physical fitness, sports, or the relationship between 

12 health status and physical exercise; and 

13 (2) 7 of whom must be leaders in the private 

14 sector with a strong interest in physical fitness, 

15 sports, or the relationship between health status and 

16 physical exercise. 

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

18 shall represent diverse professional specialties relating to 

19 the achievement of physical fitness through regular par20 ticipation in programs of exercise, sports, and similar ac21 tivities. The Assistant Secretary for Health, the Executive 

22 Director of the President’s Council on Physical Fitness 

23 and Sports, the Director for the National Center for 

24 Chronic Disease Prevention and Health Promotion, the 

25 Director of the National Heart, Lung, and Blood InstiVerDate Nov 24 2008 21:29 Dec 16, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4322.IH H4322

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1 tute, and the Director for the Centers for Disease Control 

2 and Prevention shall be ex officio, nonvoting members of 

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

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

5 of, the United States for the purposes of any Federal em6 ployment or other law. 

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

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

9 be appointed. Three members of the Board will be ap10 pointed by the Secretary (hereinafter referred to in this 

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

12 Senate, 1 by the minority leader of the Senate, 1 by the 

13 President Pro Tempore of the Senate, 2 by the Speaker 

14 of the House of Representatives, 1 by the majority leader 

15 of the House of Representatives, 1 by the minority leader 

16 of the House of Representatives. 

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

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

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

20 in which the original appointment was made and shall be 

21 for the balance of the term of the individual who was re22 placed. No individual may serve more than 2 consecutive 

23 terms as a member. 


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

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

3 not be limited in terms or service. 

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

5 of the Board shall constitute a quorum for the transaction 

6 of business. 

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

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

9 3 consecutive regularly scheduled meetings, that member 

10 may be removed from the Board and the vacancy filled 

11 in accordance with subsection (c). 

12 (g) REIMBURSEMENT OF EXPENSES.—Members of 

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

14 for the actual and necessary traveling and subsistence ex15 penses incurred by them in the performance of the duties 

16 of the Foundation, subject to the same limitations on re17 imbursement that are imposed upon employees of Federal 

18 agencies. 

19 (h) LIMITATIONS.—The following limitations apply 

20 with respect to the appointment of officers and employees 

21 of the Foundation: 

22 (1) Officers and employees may not be ap23 pointed until the Foundation has sufficient funds to 

24 pay them for their service. No individual so ap25 pointed may receive pay in excess of the annual rate 


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

2 Federal service. 

3 (2) The first officer or employee appointed by 

4 the Board shall be the Secretary of the Board who 

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

6 operating officer and shall be knowledgeable and ex7 perienced in matters relating to physical fitness and 

8 sports. 

9 (3) No Public Health Service employee nor the 

10 spouse or dependent relative of such an employee 

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

12 Directors or as an employee of the Foundation. 

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

14 or member of the Board of the Foundation may not 

15 (in accordance with the policies developed under sub16 section (i)) personally or substantially participate in 

17 the consideration or determination by the Founda18 tion of any matter that would directly or predictably 

19 affect any financial interest of the individual or a 

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

21 of the Ethics in Government Act, 1978) of the indi22 vidual, of any business organization, or other entity, 

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

24 is negotiating for employment, or in which the indi25 vidual has any other financial interest. 


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

2 the organization of the Foundation by— 

3 (1) appointing officers and employees; 

4 (2) adopting a constitution and bylaws con5 sistent with the purposes of the Foundation and the 

6 provision of this Act; and 

7 (3) undertaking such other acts as may be nec8 essary to carry out the provisions of this Act. 

9 In establishing bylaws under this subsection, the Board 

10 shall provide for policies with regard to financial conflicts 

11 of interest and ethical standards for the acceptance, solici12 tation and disposition of donations and grants to the 

13 Foundation. 

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

15 (a) IN GENERAL.—The Foundation— 

16 (1) shall have perpetual succession; 

17 (2) may conduct business throughout the sev18 eral States, territories, and possessions of the 

19 United States; 

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

21 District of Columbia; and 

22 (4) shall at all times maintain a designated 

23 agent authorized to accept service of process for the 

24 Foundation. 


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

2 agent required under paragraph (4), or mailed to the busi3 ness address of such agent, shall be deemed as service 

4 upon or notice to the Foundation. 

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

6 selected by the Board which shall be judicially noticed. 

7 (c) POWERS.—To carry out its purposes under sec8 tion 2, and subject to the specific provisions thereof, the 

9 Foundation shall have the usual powers of a corporation 

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

11 the power— 

12 (1) except as otherwise provided herein, to ac13 cept, receive, solicit, hold, administer and use any 

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

15 of real or personal property or any income therefrom 

16 or other interest therein; 

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

18 or personal property or interest therein; 

19 (3) unless otherwise required by the instrument 

20 of transfer, to sell, donate, lease, invest, reinvest, re21 tain or otherwise dispose of any property or income 

22 therefrom; 

23 (4) to sue and be sued, and complain and de24 fend itself in any court of competent jurisdiction, ex25 cept for gross negligence; 


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1 (5) to enter into contracts or other arrange2 ments with public agencies and private organizations 

3 and persons and to make such payments as may be 

4 necessary to carry out its functions; and 

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

6 to carry out the purposes of the Foundation. 

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

8 be treated as including easements or other rights for pres9 ervation, conservation, protection, or enhancement by and 

10 for the public of natural, scenic, historic, scientific, edu11 cational inspirational or recreational resources. A gift, de12 vise, or bequest may be accepted by the Foundation even 

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

14 interests of private persons if any current or future inter15 est therein is for the benefit of the Foundation. 

16 SEC. 5. PROTECTION AND USES OF TRADEMARKS AND 

17 TRADE NAMES. 

18 (a) PROTECTION.—Without the consent of the Foun19 dation in conjunction with the President’s Council on 

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

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

22 services, or uses to promote any theatrical exhibition, ath23 letic performance or competition— 

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

25 on Physical Fitness and Sports consisting of the 


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1 eagle holding an olive branch and arrows with shield 

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

3 Physical Fitness and Sports’’ and consisting, de4 pending upon placement, of diagonal stripes; 

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

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

7 or insignia falsely representing association with or 

8 authorization by the President’s Council on Physical 

9 Fitness and Sports or the Foundation; 

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

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

12 427; popularly known as the Trademark Act of 1946). 

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

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

15 authorize contributors and suppliers of goods or services 

16 to use the trade name or the President’s Council on Phys17 ical Fitness and Sports and the Foundation as well as any 

18 trademark, seal, symbol, insignia, or emblem of the Presi19 dent’s Council on Physical Fitness and Sports or the 

20 Foundation in advertising that the contributors, goods, or 

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

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

23 Council on Physical Fitness and Sports or the Founda24 tion. 


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1 SEC. 6. VOLUNTEER STATUS. 

2 The Foundation may accept, without regard to the 

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

4 services of volunteers in the performance of the functions 

5 authorized herein, in the manner provided for under sec6 tion 7(c) of the Fish and Wildlife Act of 1956 (16 U.S.C. 

7 742f(c)). 

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

9 ATTORNEY GENERAL FOR EQUITABLE RE10 LIEF. 

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

12 Act for audit of accounts of private corporations estab13 lished under Federal law’’, approved August 30, 1964 

14 (Public Law 88–504, 36 U.S.C. 1101–1103) the Founda15 tion shall be treated as a private corporation under Fed16 eral law. The Inspector General of the Department of 

17 Health and Human Services and the Comptroller General 

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

19 other records of the Foundation, upon reasonable notice. 

20 (b) REPORT.—The Foundation shall, as soon as prac21 ticable after the end of each fiscal year, transmit to the 

22 Secretary of Health and Human Services and to Congress 

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

24 including a full and complete statement of its receipts, ex25 penditures, and investments. 


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1 (c) RELIEF WITH RESPECT TO CERTAIN FOUNDA2 TION ACTS OR FAILURE TO ACT.—If the Foundation— 

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

4 act, practice or policy that is inconsistent with its 

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

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

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

8 the Attorney General of the United States may petition 

9 in the United States District Court for the District of Co10 lumbia for such equitable relief as may be necessary or 

11 appropriate. 

12 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

13 For fiscal year 2011, there are authorized to be ap14 propriated such sums as may be necessary, to be made 

15 available to the Foundation for organizational costs. 

Æ 


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