(9) INCLUSION
OF
THE
PRESIDENT’S
COUN-
CIL.—The Foundation shall ensure that the Presi-
dent’s Council on Physical Fitness is included in the 
activities of the Foundation. 
(j) FEDERAL FUNDING.— 
(1) AUTHORITY FOR ANNUAL GRANTS.— 
(A) IN GENERAL.—The Secretary shall— 
(i) for fiscal year 2007, make a grant 
to an entity described in subsection (k)(9) 
(relating to the establishment of a com-
mittee to establish the Foundation); 
(ii) for fiscal years 2007 and 2008, 
make a grant to the committee established 
under such subsection, or if the Founda-
tion has been established, to the Founda-
tion; and 
(iii) for fiscal year 2009 and each sub-
sequent fiscal year, make a grant to the 
Foundation. 
(B) RULES ON EXPENDITURES.—A grant 
under subparagraph (A) may be expended— 
(i) in the case of an entity receiving 
the grant under subparagraph (A)(i), only 
for the purpose of carrying out the duties 
VerDate Aug 31 2005 
20:05 Mar 04, 2006
Jkt 049200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H4860.IH
H4860
sroberts on PROD1PC70 with BILLS
established in subsection (k)(9) for the en-
tity; 
(ii) in the case of the committee es-
tablished under subsection (k)(9), only for 
the purpose of carrying out the duties es-
tablished in subsection (k) for the com-
mittee; and 
(iii) in the case of the Foundation, 
only for the purpose of the administrative 
expenses of the Foundation. 
(C) RESTRICTION.—A grant under sub-
paragraph (A) may not be expended to provide 
amounts for the fund established under sub-
section (c). 
(D) UNOBLIGATED
GRANT
FUNDS.—For 
the purposes described in subparagraph (B)— 
(i) any portion of the grant made 
under subparagraph (A)(i) for fiscal year 
2007 that remains unobligated after the 
entity receiving the grant completes the 
duties established in subsection (k)(9) for 
the entity shall be available to the com-
mittee established under such subsection; 
and 
VerDate Aug 31 2005 
20:05 Mar 04, 2006
Jkt 049200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H4860.IH
H4860
sroberts on PROD1PC70 with BILLS
(ii) any portion of a grant under sub-
paragraph (A) made for fiscal year 2007 
or 2008 that remains unobligated after 
such committee completes the duties estab-
lished in such subsection for the committee 
shall be available to the Foundation. 
(2) FUNDING FOR GRANTS.— 
(A) IN
GENERAL.—For the purpose of 
grants under paragraph (1), there is authorized 
to be appropriated $2,200,000 for each fiscal 
year. 
(B) PROGRAMS OF THE DEPARTMENT.— 
For the purpose of grants under paragraph (1), 
the Secretary may for each fiscal year make 
available not more than $2,200,000 from the 
amounts appropriated for the fiscal year for the 
programs of the Department. Such amounts 
may be made available without regard to wheth-
er amounts have been appropriated under sub-
paragraph (A). 
(3) CERTAIN RESTRICTION.—If the Foundation 
receives Federal funds for the purpose of serving as 
a fiscal intermediary between Federal agencies, the 
Foundation may not receive such funds for the indi-
rect costs of carrying out such purpose in an amount 
VerDate Aug 31 2005 
20:05 Mar 04, 2006
Jkt 049200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H4860.IH
H4860
sroberts on PROD1PC70 with BILLS
exceeding 10 percent of the direct costs of carrying 
out such purpose. The preceding sentence may not 
be construed as authorizing the expenditure of any 
grant under paragraph (1) for such purpose. 
(k) COMMITTEE FOR ESTABLISHMENT OF FOUNDA-
TION.— 
(1) IN GENERAL.—There shall be established, 
in accordance with this subsection and subsection 
(j)(1), a committee to carry out the functions de-
scribed in paragraph (2) (referred to in this sub-
section as the ‘‘Committee’’). 
(2) FUNCTIONS.—The functions referred to in 
paragraph (1) for the Committee are as follows: 
(A) To carry out such activities as may be 
necessary to incorporate the Foundation under 
the laws of the State involved, including serving 
as incorporators for the Foundation. Such ac-
tivities shall include ensuring that the articles 
of incorporation for the Foundation require 
that the Foundation be established and oper-
ated in accordance with the applicable provi-
sions of this title (or any successor to this title), 
including such provisions as may be in effect 
pursuant to amendments enacted after the date 
of enactment of this Act. 
VerDate Aug 31 2005 
20:05 Mar 04, 2006
Jkt 049200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H4860.IH
H4860
sroberts on PROD1PC70 with BILLS
(B) To ensure that the Foundation quali-
fies for and maintains the status described in 
subsection (f)(3) (regarding taxation). 
(C) To establish the general policies and 
initial bylaws of the Foundation, which bylaws 
shall include the bylaws described in subsections 
(f)(3) and (g)(1). 
(D) To provide for the initial operation of 
the Foundation, including providing for quar-
ters, equipment, and staff. 
(E) To appoint the initial members of the 
Board in accordance with the requirements es-
tablished in subsection (g)(2)(A) for the com-
position of the Board, and in accordance with 
such other qualifications as the Committee may 
determine to be appropriate regarding such 
composition. Of the members so appointed— 
(i) 2 shall be appointed to serve for a 
term of 3 years; 
(ii) 2 shall be appointed to serve for 
a term of 4 years; and 
(iii) 3 shall be appointed to serve for 
a term of 5 years. 
(3) COMPLETION
OF
FUNCTIONS
OF
COM-
MITTEE; INITIAL MEETING OF BOARD.— 
VerDate Aug 31 2005 
20:05 Mar 04, 2006
Jkt 049200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H4860.IH
H4860
sroberts on PROD1PC70 with BILLS
(A) COMPLETION
OF
FUNCTIONS.—The 
Committee shall complete the functions re-
quired in paragraph (1) not later than Sep-
tember 30, 2008. The Committee shall termi-
nate upon the expiration of the 30-day period 
beginning on the date on which the Secretary 
determines that the functions have been com-
pleted. 
(B) INITIAL MEETING.—The initial meet-
ing of the Board shall be held not later than 
November 1, 2008. 
(4) COMPOSITION.—The Committee shall be 
composed of 5 members, each of whom shall be a 
voting member. Of the members of the Committee— 
(A) no fewer than 2 of the members shall 
have expertise in children’s health, nutrition, 
and physical activity; and 
(B) no fewer than 2 of the members shall 
have broad, general experience in nonprofit pri-
vate organizations (without regard to whether 
the individuals have experience in children’s 
health, nutrition, and physical activity). 
(5) CHAIRPERSON.—The Committee shall, from 
among the members of the Committee, designate an 
VerDate Aug 31 2005 
20:05 Mar 04, 2006
Jkt 049200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H4860.IH
H4860
sroberts on PROD1PC70 with BILLS
individual to serve as the Chairperson of the Com-
mittee. 
(6) TERMS; VACANCIES.—The term of members 
of the Committee shall be for the duration of the 
Committee. A vacancy in the membership of the 
Committee shall not affect the power of the Com-
mittee to carry out the duties of the Committee. If 
a member of the Committee does not serve the full 
term, the individual appointed by the Secretary to 
fill the resulting vacancy shall be appointed for the 
remainder of the term of the predecessor of the indi-
vidual. 
(7) COMPENSATION.—Members of the Com-
mittee may not receive compensation for service on 
the Committee. Members of the Committee may be 
reimbursed for travel, subsistence, and other nec-
essary expenses incurred in carrying out the duties 
of the Committee. 
(8) 
COMMITTEE
SUPPORT.—The 
Secretary 
may, from amounts available to the Secretary for 
the general administration of the Department, pro-
vide staff and financial support to assist the Com-
mittee with carrying out the functions described in 
paragraph (2). In providing such staff and support, 
VerDate Aug 31 2005 
20:05 Mar 04, 2006
Jkt 049200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H4860.IH
H4860
sroberts on PROD1PC70 with BILLS
the Director may both detail employees and contract 
for assistance. 
(9) GRANT
FOR
ESTABLISHMENT
OF
COM-
MITTEE.— 
(A) IN GENERAL.—With respect to a grant 
under paragraph (1)(A)(i) of subsection (j) for 
fiscal year 2007, an entity described in this 
paragraph is a private nonprofit entity with sig-
nificant experience in children’s health, nutri-
tion, and physical activity. Not later than 180 
days after the date of enactment of this Act, 
the Secretary shall make the grant to such an 
entity (subject to the availability of funds under 
paragraph (2) of such subsection). 
(B) CONDITIONS.—The grant referred to 
in subparagraph (A) may be made to an entity 
only if the entity agrees that— 
(i) the entity will establish a com-
mittee that is composed in accordance with 
paragraph (4); and 
(ii) the entity will not select an indi-
vidual for membership on the Committee 
unless the individual agrees that the Com-
mittee will operate in accordance with each 
VerDate Aug 31 2005 
20:05 Mar 04, 2006
Jkt 049200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H4860.IH
H4860
sroberts on PROD1PC70 with BILLS
of the provisions of this subsection that re-
late to the operation of the Committee. 
(C) AGREEMENT.—The Secretary may 
make a grant referred to in subparagraph (A) 
only if the applicant for the grant makes an 
agreement that the grant will not be expended 
for any purpose other than carrying out sub-
paragraph (B). Such a grant may be made only 
if an application for the grant is submitted to 
the Secretary containing such agreement, and 
the application is in such form, is made in such 
manner, and contains such other agreements 
and such assurances and information as the 
Secretary determines to be necessary to carry 
out this paragraph. 
Æ 
VerDate Aug 31 2005 
20:05 Mar 04, 2006
Jkt 049200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6301
E:\BILLS\H4860.IH
H4860
sroberts on PROD1PC70 with BILLS