National Foundation on Fitness, Sports, and Nutrition Establishment Act
PL 111-332 (S.1275), enacted 12/22/2010

124 STAT. 3576 
PUBLIC LAW 111–332—DEC. 22, 2010 
Public Law 111–332 
111th Congress 
An Act 
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. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Foundation on Fitness, 
Sports, and Nutrition Establishment Act’’. 
SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION. 
(a) ESTABLISHMENT.—There is established the National Founda-
tion on Fitness, Sports, and Nutrition (hereinafter 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 Office of the President’s Council 
on Fitness, Sports and Nutrition, to develop a list and descrip-
tion of programs, events and other activities which would fur-
ther the purposes and functions outlined in Executive Order 
13265, as amended, and with respect to which combined private 
and governmental efforts would be beneficial; 
(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; and 
(3) in consultation with such Office, to undertake and sup-
port activities to further the purposes and functions of such 
Executive Order. 
(c) PROHIBITION ON FEDERAL FUNDING.—The Foundation may 
not accept any Federal funds. 
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 9 members each 
of whom shall be a United States citizen and— 
(1) 3 of whom should be knowledgeable or experienced 
in one or more fields directly connected with physical fitness, 
sports, nutrition, or the relationship between health status 
and physical exercise; and 
National 
Foundation on 
Fitness, Sports, 
and Nutrition 
Establishment 
Act. 
36 USC note 
prec. 20101. 
Dec. 22, 2010 
[S. 1275] 
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124 STAT. 3577 
PUBLIC LAW 111–332—DEC. 22, 2010 
(2) 6 of whom should be leaders in the private sector 
with a strong interest in physical fitness, sports, nutrition, 
or the relationship between health status and physical exercise. 
The membership of the Board, to the extent practicable, should 
represent diverse professional specialties relating to the achieve-
ment of physical fitness through regular participation in programs 
of exercise, sports, and similar activities, or to nutrition. The Assist-
ant Secretary for Health, the Executive Director of the President’s 
Council on Fitness, Sports and Nutrition, the Director for the 
National Center for Chronic Disease Prevention and Health Pro-
motion, the Director of the National Heart, Lung, and Blood 
Institute, 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 employ-
ment by, or the holding of an office of, the United States for 
the purposes of laws relating to Federal employment. 
(b) APPOINTMENTS.—Within 90 days from the date of enactment 
of this Act, the members of the Board shall be appointed by the 
Secretary in accordance with this subsection. In selecting individ-
uals for appointments to the Board, the Secretary should consult 
with— 
(1) the Speaker of the House of Representatives concerning 
the appointment of one member; 
(2) the Majority Leader of the House of Representatives 
concerning the appointment of one member; 
(3) the Majority Leader of the Senate concerning the 
appointment of one member; 
(4) the President Pro Tempore concerning the appointment 
of one member; 
(5) the Minority Leader of the House of Representatives 
concerning the appointment of one member; and 
(6) the Minority Leader of the Senate concerning the 
appointment of one member. 
(c) TERMS.—The members of the Board shall serve for a term 
of 6 years, except that the original members of the Board shall 
be appointed for staggered terms as determined appropriate by 
the Secretary. 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 replaced. No individual may serve more 
than 2 consecutive terms as a member. 
(d) CHAIRMAN.—The Chairman shall be elected by the Board 
from its members for a 2-year term and shall not be limited in 
terms or service, other than as provided in subsection (c). 
(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 Chair-
man 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 expenses incurred by them 
in the performance of the duties of the Foundation, subject to 
the same limitations on reimbursement that are imposed upon 
employees of Federal agencies. 
Deadline. 
Deadline. 
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124 STAT. 3578 
PUBLIC LAW 111–332—DEC. 22, 2010 
(h) LIMITATIONS.—The following limitations apply with respect 
to the appointment of employees of the Foundation: 
(1) Employees may not be appointed until the Foundation 
has sufficient funds to pay them for their service. No individual 
so appointed may receive a salary in excess of the annual 
rate of basic pay in effect for Executive Level V in the Federal 
service. A member of the Board may not receive compensation 
for serving as an employee of the Foundation. 
(2) The first 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 experienced in matters relating to physical 
fitness, sports, and nutrition. 
(3) No Public Health Service employee nor the spouse or 
dependent relative of such an employee may serve as a member 
of the Board of Directors or as an employee of the Foundation. 
(4) Any individual who is an employee or member of the 
Board of the Foundation may not (in accordance with the 
policies developed under subsection (i)) personally or substan-
tially participate in the consideration or determination by the 
Foundation of any matter that would directly or predictably 
affect any financial interest of— 
(A) the individual or a relative (as such term is defined 
in section 109(16) of the Ethics in Government Act, 1978) 
of the individual; or 
(B) any business organization, or other entity, of which 
the individual is an officer or employee, is negotiating 
for employment, or in which the individual has any other 
financial interest. 
(i) GENERAL POWERS.—The Board may complete the organiza-
tion of the Foundation by— 
(1) appointing employees; 
(2) adopting a constitution and bylaws consistent with the 
purposes of the Foundation and the provision of this Act; and 
(3) undertaking such other acts as may be necessary to 
carry out the provisions of this Act. 
In establishing bylaws under this subsection, the Board shall pro-
vide for policies with regard to financial conflicts of interest and 
ethical standards for the acceptance, solicitation and disposition 
of donations and grants to the Foundation. 
SEC. 4. POWERS AND DUTIES OF THE FOUNDATION. 
(a) IN GENERAL.—The Foundation— 
(1) shall have perpetual succession; 
(2) may conduct business throughout the several States, 
territories, and possessions of the United States; 
(3) shall have its principal offices in or near the District 
of Columbia; and 
(4) shall at all times maintain a designated agent author-
ized to accept service of process for the Foundation. 
The serving of notice to, or service of process upon, the agent 
required under paragraph (4), or mailed to the business address 
of such agent, shall be deemed as service upon or notice to the 
Foundation. 
(b) SEAL.—The Foundation shall have an official seal selected 
by the Board which may be used as provided for in section 5. 
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124 STAT. 3579 
PUBLIC LAW 111–332—DEC. 22, 2010 
(c) INCORPORATION; NONPROFIT STATUS.—To carry out the pur-
poses of the Foundation under section 2, the Board shall— 
(1) incorporate the Foundation in the District of Columbia; 
and 
(2) establish such policies and bylaws as may be necessary 
to ensure that the Foundation maintains status as an organiza-
tion that is described in section 501(c)(3) of the Internal Rev-
enue Code of 1986. 
(d) POWERS.—Subject to the specific provisions of section 2, 
the Foundation, in consultation with the Office of the President’s 
Council on Fitness, Sports, and Nutrition, shall have the power, 
directly or by the awarding of contracts or grants, to carry out 
or support activities for the purposes described in such section. 
(e) TREATMENT OF PROPERTY.—For purposes of this Act, an 
interest in real property shall be treated as including easements 
or other rights for preservation, conservation, protection, or 
enhancement by and for the public of natural, scenic, historic, 
scientific, educational inspirational or recreational resources. A gift, 
devise, or bequest may be accepted by the Foundation even though 
it is encumbered, restricted, or subject to beneficial interests of 
private persons if any current or future interest therein is for 
the benefit of the Foundation. 
SEC. 5. PROTECTION AND USES OF TRADEMARKS AND TRADE NAMES. 
(a) TRADEMARKS
OF
THE FOUNDATION.—Authorization for a 
contributor, or a supplier of goods or services, to use, in advertising 
regarding the contribution, goods, or services, the trade name of 
the Foundation, or any trademark, seal, symbol, insignia, or emblem 
of the Foundation may be provided only by the Foundation with 
the concurrence of the Secretary or the Secretary’s designee. 
(b) TRADEMARKS OF THE COUNCIL.—Authorization for a contrib-
utor or supplier described in subsection (a) to use, in such adver-
tising, the trade name of the President’s Council on Fitness, Sports, 
and Nutrition, or any trademark, seal, symbol, insignia, or emblem 
of such Council, may be provided— 
(1) by the Secretary or the Secretary’s designee; or 
(2) by the Foundation with the concurrence of the Secretary 
or the Secretary’s designee. 
SEC. 6. AUDIT, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY 
GENERAL FOR EQUITABLE RELIEF. 
(a) AUDITS.—For purposes of the Act entitled ‘‘An Act for audit 
of accounts of private corporations established under Federal law’’, 
approved August 30, 1964 (Public Law 88–504, 36 U.S.C. 1101– 
1103), the Foundation shall be treated as a private corporation 
under Federal law. The Inspector General of the Department of 
Health and Human Services and the Comptroller General of the 
United States shall have access to the financial and other records 
of the Foundation, upon reasonable notice. 
(b) REPORT.—The Foundation shall, not later than 60 days 
after the end of each fiscal year, transmit to the Secretary and 
to Congress a report of its proceedings and activities during such 
year, including a full and complete statement of its receipts, 
expenditures, and investments. 
(c) RELIEF WITH RESPECT TO CERTAIN FOUNDATION ACTS OR 
FAILURE TO ACT.—If the Foundation— 
District of 
Columbia. 
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124 STAT. 3580 
PUBLIC LAW 111–332—DEC. 22, 2010 
LEGISLATIVE HISTORY—S. 1275: 
CONGRESSIONAL RECORD, Vol. 156 (2010): 
Dec. 9, considered and passed Senate. 
Dec. 14, considered and passed House. 
(1) engages in, or threatens to engage in, any act, practice 
or policy that is inconsistent with its purposes set forth in 
section 2(b); or 
(2) refuses, fails, or neglects to discharge its obligations 
under this Act, or threaten to do so; 
the Attorney General of the United States may petition in the 
United States District Court for the District of Columbia for such 
equitable relief as may be necessary or appropriate. 
Approved December 22, 2010. 
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