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.
Mr. WARNER introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions
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.
(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 must be knowledgeable or experienced in one or more fields directly connected with physical fitness, sports, or the relationship between health status and physical exercise; and
(2) 6 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 participation in programs of exercise, sports, and similar activities. 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 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 any Federal employment 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 appointed 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, 2 by the Speaker 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 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 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 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.
(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 appointed until the Foundation has sufficient funds to pay them for their service. No individual so appointed may receive pay in excess of the annual rate 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 experienced 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 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 the individual or a relative (as such term is defined in section 109(16) of the Ethics in Government Act, 1978) of the individual, 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 individual has any other financial interest.
(i) General Powers- The Board may complete the organization of the Foundation by--
(1) appointing officers and 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.