after 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 President’s Council 
on Physical Fitness and Sports, to develop a list and 
description of programs, events and other activities 
which would further the goals outlined in Executive 
Order 12345 and with respect to which combined 
private and governmental efforts would be beneficial; 
and 
(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. 
(c) DISPOSITION OF MONEY AND PROPERTY.—At 
least annually the Foundation shall transfer, after the de-
duction of the administrative expenses of the Foundation, 
the balance of any contributions received for the activities 
referred to in subsection (b), to the United States Public 
Health Service Gift Fund pursuant to section 2701 of the 
Public Health Service Act (42 U.S.C. 300aaa) for expendi-
ture pursuant to the provisions of that section and con-
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sistent with the purposes for which the funds were do-
nated. 
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 11 members each of whom shall be a 
United States citizen and— 
(1) 4 of whom must be knowledgeable or experi-
enced in one or more fields directly connected with 
physical fitness, sports, or the relationship between 
health status and physical exercise; and 
(2) 7 of whom must be leaders in the private 
sector with a strong interest in physical fitness, 
sports, or the relationship between health status and 
physical exercise. 
The membership of the Board, to the extent practicable, 
shall represent diverse professional specialties relating to 
the achievement of physical fitness through regular par-
ticipation in programs of exercise, sports, and similar ac-
tivities. The Assistant Secretary for Health, the Executive 
Director of the President’s Council on Physical Fitness 
and Sports, the Director for the National Center for 
Chronic Disease Prevention and Health Promotion, the 
Director of the National Heart, Lung, and Blood Insti-
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tute, 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 any Federal em-
ployment or other law. 
(b) APPOINTMENTS.—Within 90 days from the date 
of enactment of this Act, the members of the Board will 
be appointed. Three members of the Board will be ap-
pointed by the Secretary (hereinafter referred to in this 
Act as the ‘‘Secretary’’), 2 by the majority leader of the 
Senate, 1 by the minority leader of the Senate, 1 by the 
President Pro Tempore of the Senate, 2 by the Speaker 
of the House of Representatives, 1 by the majority leader 
of the House of Representatives, 1 by the minority leader 
of the House of Representatives. 
(c) TERMS.—The members of the Board shall serve 
for a term of 6 years. 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 re-
placed. No individual may serve more than 2 consecutive 
terms as a member. 
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(d) CHAIRMAN.—The Chairman shall be elected by 
the Board from its members for a 2-year term and will 
not be limited in terms or service. 
(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 ex-
penses incurred by them in the performance of the duties 
of the Foundation, subject to the same limitations on re-
imbursement that are imposed upon employees of Federal 
agencies. 
(h) LIMITATIONS.—The following limitations apply 
with respect to the appointment of officers and employees 
of the Foundation: 
(1) Officers and employees may not be ap-
pointed until the Foundation has sufficient funds to 
pay them for their service. No individual so ap-
pointed may receive pay in excess of the annual rate 
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of basic pay in effect for Executive Level V in the 
Federal service. 
(2) The first officer or 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 ex-
perienced in matters relating to physical fitness and 
sports. 
(3) No Public Health Service employee nor the 
spouse or dependent relative of such an employee 
may serve as an officer or member of the Board of 
Directors or as an employee of the Foundation. 
(4) Any individual who is an officer, employee, 
or member of the Board of the Foundation may not 
(in accordance with the policies developed under sub-
section (i)) personally or substantially participate in 
the consideration or determination by the Founda-
tion of any matter that would directly or predictably 
affect any financial interest of the individual or a 
relative (as such term is defined in section 109(16) 
of the Ethics in Government Act, 1978) of the indi-
vidual, of any business organization, or other entity, 
or of which the individual is an officer or employee, 
is negotiating for employment, or in which the indi-
vidual has any other financial interest. 
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