National Physical Fitness and Sports Foundation Establishment Act - Establishes the National Physical Fitness and Sports Foundation as a charitable, not-for-profit corporation to promote participation by private organizations in the activities of the President's Council on Physical Fitness and Sports.
Subjects to a civil action by the Foundation for the remedies provided in the Trademark Act of 1946 any person who, without the consent of the Foundation in conjunction with the Council, uses for the purpose of trade, to induce the sale of any goods or services, or to promote any theatrical exhibition, athletic performance, or competition: (1) the Council's or Foundation's official seal; and (2) any trademark, trade name, sign, symbol, or insignia falsely representing association with, or authorization by, the Council or Foundation. Allows the Foundation, in conjunction with the Council, to authorize contributors and suppliers of goods or services to use such trade name, trademark, seal, symbol, insignia, or emblem in advertising under specified conditions.
[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[H.R. 756 Introduced in House (IH)]
105th CONGRESS
1st Session
H. R. 756
To establish a National Physical Fitness and Sports Foundation to carry
out activities to support and supplement the mission of the President's
Council on Physical Fitness and Sports, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 13, 1997
Mr. Ehrlich introduced the following bill; which was referred to the
Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To establish a National Physical Fitness and Sports Foundation to carry
out activities to support and supplement the mission of the President's
Council on Physical Fitness and Sports, and for other purposes.
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 Physical Fitness and Sports
Foundation Establishment Act''.
SEC. 2. ESTABLISHMENT AND PURPOSE OF FOUNDATION.
(a) Establishment.--There is established the National Physical
Fitness and Sports Foundation (hereinafter in this Act referred to as
the ``Foundation''). The Foundation shall be a charitable and not-for-
profit corporation and shall not be an agency or establishment of the
United States.
(b) Purposes.--It is the purpose of the Foundation to--
(1) in conjunction with the President's Council on Physical
Fitness and Sports, develop a list and description of programs,
events and other activities which would further the goals
outlined in Executive Order 12345 and with respect to which
combined private and governmental efforts would be beneficial;
and
(2) encourage and promote the participation by private
organizations in the activities referred to in paragraph (1)
and to encourage and promote private gifts of money and other
property to support those activities.
(c) Disposition of Money and Property.--At least annually the
Foundation shall transfer, after the deduction of the administrative
expenses of the Foundation, the balance of any contributions received
for the activities referred to in subsection (b), to the Public Health
Service Gift Fund pursuant to section 231 of the Public Health Service
Act (42 U.S.C. 238) for expenditure pursuant to the provisions of that
section and consistent with the purposes for which the funds were
donated.
SEC. 3. BOARD OF DIRECTORS OF THE FOUNDATION.
(a) Establishment and Membership.--
(1) In general.--The Foundation shall have a governing
Board of Directors (hereinafter referred to in this Act as the
``Board''), which shall consist of nine Directors, to be
appointed not later than 90 days after the date of the
enactment of this Act, each of whom shall be a United States
citizen and--
(A) three 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
(B) six 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 (one of whom shall be a
representative of the United States Olympic Committee).
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.
(2) Ex officio members.--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 serve as ex officio, nonvoting members of the Board.
(3) Not federal employment.--Appointment to the Board or
service as a member of the staff of the Board 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) Appointment and Terms.--
(1) Appointment.--Of the members of the Board appointed
under subsection (a)(1), three shall be appointed by the
Secretary of Health and Human Services (hereinafter referred to
in this Act as the ``Secretary''), two shall be appointed by
the majority leader of the Senate, one shall be appointed by
the minority leader of the Senate, two shall be appointed by
the Speaker of the House of Representatives, and one shall be appointed
by the minority leader of the House of Representatives. The three
members appointed by the Secretary shall include the representative of
the United States Olympic Committee.
(2) Terms.--Members appointed to the Board under subsection
(a)(1) shall serve for a term of 6 years. A vacancy on the
Board shall be filled within 60 days of the date on which such
vacancy occurred in the manner in which the original
appointment was made. A member appointed to fill a vacancy
shall serve for the balance of the term of the individual who
was replaced. No individual may serve more than two consecutive
terms as a Director.
(c) Chairperson.--A Chairperson shall be elected by the Board from
among its members and serve for a 2-year term. The Chairperson shall
not be limited in terms or service. The Chairman of the President's
Council on Physical Fitness and Sports shall serve as Chairperson until
a Chairperson is elected by the Board.
(d) Quorum.--A majority of the sitting members of the Board shall
constitute a quorum for the transaction of business.
(e) Meetings.--The Board shall meet at the call of the Chairperson,
but in no event less than once each year. If a Director misses three
consecutive regularly scheduled meetings, that individual may be
removed from the Board and the vacancy filled in accordance with
subsection (b)(2).
(f) Reimbursement of Expenses.--The members of the Board shall
serve without pay. The members of the Board shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57
of title 5, United States Code, while away from their homes or regular
places of business in the performance of services for the Board.
(g) General Powers.--
(1) Organization.--The Board may complete the organization
of the Foundation by--
(A) appointing officers and employees;
(B) adopting a constitution and bylaws consistent
with the purposes of the Foundation and the provisions
of this Act; and
(C) undertaking such other acts as may be necessary
to carry out the provisions of this Act.
In establishing bylaws under this paragraph, 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.
(2) Limitations on officers and employees.--The following
limitations apply with respect to the appointment of officers
and employees of the Foundation:
(A) Officers and employees may not be appointed
until the Foundation has sufficient funds to compensate
such individuals 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.
(B) The first officer or employee appointed by the
Board shall be the secretary of the Board who--
(i) shall serve, at the direction of the
Board, as its chief operating officer; and
(ii) shall be knowledgeable and experienced
in matters relating to physical fitness and
sports.
(C) 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.
(D) Any individual who is an officer, employee, or
member of the Board of the Foundation may not (in
accordance with the policies developed under paragraph
(1)(B)) 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 of 1978) of the individual, of any
business organization or other entity, or of which the
individual is an officer or employee, or is negotiating
for employment, or in which the individual has any
other financial interest.
SEC. 4. RIGHTS AND OBLIGATIONS 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 locate 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.
(b) Seal.--The Foundation shall have an official seal selected by
the Board which shall be judicially noticed.
(c) Powers.--To carry out the purposes under section 2, the
Foundation shall have the usual powers of a corporation acting as a
trustee in the District of Columbia, including the power--
(1) except as otherwise provided herein, to accept,
receive, solicit, hold, administer, and use any gift, devise,
or bequest, either absolutely or in trust, of real or personal
property or any income therefrom or other interest therein;
(2) to acquire by purchase or exchange any real or personal
property or interest therein;
(3) unless otherwise required by the instrument of
transfer, to sell, donate, lease, invest, reinvest, retain, or
otherwise dispose of any property or income therefrom;
(4) to sue and be sued, and complain and defend itself in
any court of competent jurisdiction, except for gross
negligence;
(5) to enter into contracts or other arrangements with
public agencies and private organizations and persons and to
make such payments as may be necessary to carry out its
functions; and
(6) to do any and all acts necessary and proper to carry
out the purposes of the Foundation.
For purposes of this Act, an interest in real property shall be treated
as including, among other things, 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) Protection.--Without the consent of the Foundation, in
conjunction with the President's Council on Physical Fitness and
Sports, any person who uses for the purpose of trade, to induce the
sale of any goods or services, or to promote any theatrical exhibition,
athletic performance, or competition--
(1) the official seal of the President's Council on
Physical Fitness and Sports consisting of the eagle holding an
olive branch and arrows with shield breast encircled by the
name ``President's Council on Physical Fitness and Sports'';
(2) the official seal of the Foundation; and
(3) any trademark, trade name, sign, symbol, or insignia
falsely representing association with, or authorization by, the
President's Council on Physical Fitness and Sports or the
Foundation;
shall be subject in a civil action by the Foundation for the remedies
provided for in the Act of July 5, 1946 (60 Stat. 427; commonly known
as the Trademark Act of 1946).
(b) Uses.--The Foundation, in conjunction with the President's
Council on Physical Fitness and Sports, may authorize contributors and
suppliers of goods or services to use the trade name of the President's
Council on Physical Fitness and Sports and the Foundation, as well as
any trademark, seal, symbol, insignia, or emblem of the President's
Council on Physical Fitness and Sports or the Foundation, in
advertising that the contributions, goods or services when donated,
supplied, furnished to or for the use of, approved, selected, or used
by the President's Council on Physical Fitness and Sports or the
Foundation.
SEC. 6. VOLUNTEER STATUS.
The Foundation may accept, without regard to the civil service
classification laws, rules, or regulations, the services of volunteers
in the performance of the functions authorized herein, in the same
manner as provided for under section 7(c) of the Fish and Wildlife Act
of 1956 (16 U.S.C. 742f(c)).
SEC. 7. AUDIT, REPORT REQUIREMENTS, AND PETITION OF ATTORNEY GENERAL
FOR EQUITABLE RELIEF.
(a) Audits.--For purposes of Public Law 88-504 (36 U.S.C. 1101 et
seq.), 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, as soon as practicable 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--
(1) engages in, or threatens to engage in, any act,
practice, or policy that is inconsistent with the purposes
described in section 2(b); or
(2) refuses, fails, or neglects to discharge its
obligations under this Act, or threatens to do so;
the Attorney General may petition in the United States District Court
for the District of Columbia for such equitable relief as may be
necessary or appropriate.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Early Childhood, Youth and Families.
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