I 117th CONGRESS 1st Session H. R. 4795 IN THE HOUSE OF REPRESENTATIVES July 29, 2021 Mrs. Bustos (for herself and Mr. Fitzpatrick ) introduced the following bill; which was referred to the Committee on Education and Labor A BILL To amend the National Foundation on Fitness, Sports, and Nutrition Establishment Act of 2010 to permit the Foundation to receive Federal funds, revise the procedures for the appointment of members of the Board of the National Foundation on Fitness, Sports, and Nutrition, and other purposes.

1. Short Title This Act may be cited as the National Foundation on Fitness, Sports, & Nutrition Act or the NFFSN Act . 2. Establishment and Purpose of Foundation (a) Funding and support services Section 2 of the National Foundation on Fitness, Sports, and Nutrition Establishment Act ( 36 U.S.C. 20101 note) is amended— (1) by amending subsection (c) to read as follows: (c) Federal Grants The Foundation may be eligible for a federal grant if the Foundation meets the eligibility requirements for the grant. ; and (2) by adding at the end the following: (d) Funding To the extent permitted by law and subject to the availability of funds, the Secretary of Health and Human Services may provide funding, facilities, utilities, and other administrative support services to the Foundation. . (b) Board of Directors (1) Board Composition Section 3(a) of such Act ( 36 U.S.C. 20101 note) is amended— (A) by striking Establishment and Membership and inserting Establishment and Composition ; (B) by striking The Foundation shall have a governing Board of Directors (hereinafter referred to in this Act as the Board ), which shall consist of 9 members each of whom shall be a United States citizen and— and inserting: (1) In general The Foundation shall have a governing Board of Directors (hereinafter referred to in this Act as the Board ), each of whom shall be a United States citizen and— ; (C) in paragraph (1), by striking 3 of whom and inserting at least 3 of whom ; (D) in paragraph (2), by striking 6 of whom and inserting at least 6 of whom ; (E) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (F) by striking The membership of the Board and inserting: (2) Membership The membership of the Board ; and (G) by adding at the end the following: (3) Number of members The Board shall consist of at least 9 members and the Board may amend the bylaws of the Foundation to increase the number of members of the Board. . (2) Board Appointments Section 3(b) of such Act ( 36 U.S.C. 20101 note) is amended to read as follows: (b) Appointments Members of the Board shall be appointed by the Board by majority approval. . (3) Board Terms Section 3(c) of such Act ( 36 U.S.C. 20101 note) is amended by striking in the same manner in which the original appointment was made and inserting in the manner required by subsection (b) . (4) Board Salary Section 3(h)(1) of such Act ( 36 U.S.C. 20101 note) is amended by striking the second sentence. (c) Protection of Trademarks Section 5(a) of such Act ( 36 U.S.C. 20101 note) is amended by striking may be provided only by the Foundation with the concurrence of the Secretary or the Secretary’s designee and inserting may be provided only by the Foundation . 3. Effective Date (a) In General The amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Board Appointment Rule The amendments made to sections 3(b) and 3(c) of the National Foundation on Fitness, Sports, and Nutrition Establishment Act ( 36 U.S.C. 20101 note) by this Act shall apply to all vacancies on the Board of Directors of the National Foundation of Fitness, Sport, and Nutrition and expirations of a Board member’s term occurring on or after the date of enactment of this Act.