Pub. L. 111–332, Dec. 22, 2010, 124 Stat. 3576, provided that:"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.
"(1) in conjunction with the Office of the President's Council on Fitness, Sports and Nutrition, to develop a list and description of programs, events and other activities which would further the purposes and functions outlined in Executive Order 13265 [42 U.S.C. 300u note], 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 support activities to further the purposes and functions of such Executive Order.
"(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
"(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 achievement of physical fitness through regular participation in programs of exercise, sports, and similar activities, or to nutrition. The Assistant 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 Promotion, 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 employment by, or the holding of an office of, the United States for the purposes of laws relating to Federal employment.
"(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.
"(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 [5 U.S.C. 5316] 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 substantially 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 [5 U.S.C. App.]) 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.
"(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 provide 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.
"(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 authorized 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.
"(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 organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3)].
"(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.
"(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[s] 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."
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