BOARD OF DIRECTORS OF THE FOUNDATION.

36 U.S.C. § 3
in effect
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“(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 “(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. “(b) Appointments.—Within 90 days from the date of enactment of this Act [Dec. 22, 2010], the members of the Board shall be appointed by the Secretary [probably means the Secretary of Health and Human Services] in accordance with this subsection. In selecting individuals 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 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 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 [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 13101(16) of title 5, United States Code) 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 organization 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 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.

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