S.Amdt. 2956

SA 2956. Mr. UDALL of Colorado (for himself, Mr. Harkin, and Mr.
Warner) submitted an amendment intended to be proposed to amendment SA
2786 proposed by Mr. Reid (for himself, Mr. Baucus, Mr. Dodd, and Mr.
Harkin) to the bill H.R. 3590 to amend the Internal Revenue Code of
1986 to modify the first-time homebuyers credit in the case of members
of the Armed Forces and certain other Federal employees, and for the
purposes; which was ordered to lie on the table; as follows:

On page 1266, between lines 17 and 18, insert the
following:

Subtitle F--Physical Activity Guidelines and Foundation

PART I--PHYSICAL ACTIVITY GUIDELINES

SEC. 4501. ESTABLISHMENT OF PHYSICAL ACTIVITY GUIDELINES.

(a) Report.--
(1) In general.--At least every 5 years, the Secretary of
Health and Human Services (in this section referred to as the
``Secretary'') shall publish a report entitled ``Physical
Activity Guidelines for Americans''. Each such report shall
contain physical activity information and guidelines for the
general public, and shall be promoted by each Federal agency
in carrying out any Federal health program.
(2) Basis of guidelines.--The information and guidelines
contained in each report required under paragraph (1) shall
be based on the preponderance of the scientific and medical
knowledge which is current at the time the report is
prepared.
(b) Approval by Secretary.--
(1) Review.--Any Federal agency that proposes to issue any
physical activity guidance for the general population or
identified population subgroups shall submit the text of such
guidance to the Secretary for a 60-day review period.
(2) Basis of review.--
(A) In general.--During the 60-day review period
established in paragraph (1), the Secretary shall review and
approve or disapprove such guidance to assure that the
guidance either is consistent with the ``Physical Activity
Guidelines for Americans'' or that the guidance is based on
medical or new scientific knowledge which is determined to be
valid by the Secretary. If after such 60-day review period
the Secretary has not notified the proposing agency that such
guidance has been disapproved, then such guidance may be
issued by the agency. If the Secretary disapproves such
guidance, it shall be returned to the agency. If the
Secretary finds that such guidance is inconsistent with the
``Physical Activity Guidelines for Americans'' and so
notifies the proposing agency, such agency shall follow the
procedures set forth in this subsection before disseminating
such proposal to the public in final form. If after such 60-
day period, the Secretary disapproves such guidance as
inconsistent with the ``Physical Activity Guidelines for
Americans'' the proposing agency shall--
(i) publish a notice in the Federal Register of the
availability of the full text of the proposal and the
preamble of such proposal which shall explain the basis and
purpose for the proposed physical activity guidance;
(ii) provide in such notice for a public comment period of
30 days; and
(iii) make available for public inspection and copying
during normal business hours any comment received by the
agency during such comment period.
(B) Review of comments.--After review of comments received
during the comment period, the Secretary may approve for
dissemination by the proposing agency a final version of such
physical activity guidance along with an explanation of the
basis and purpose for the final guidance which addresses
significant and substantive comments as determined by the
proposing agency.
(C) Announcement.--Any such final physical activity
guidance to be disseminated under subparagraph (B) shall be
announced in a notice published in the Federal Register,
before public dissemination along with an address where
copies may be obtained.
(D) Notification of disapproval.--If after the 30-day
period for comment as provided under subparagraph (A)(ii),
the Secretary disapproves a proposed physical activity
guidance, the Secretary shall notify the Federal agency
submitting such guidance of such disapproval, and such
guidance may not be issued, except as provided in
subparagraph (E).
(E) Review of disapproval.--If a proposed physical activity
guidance is disapproved by the Secretary under subparagraph
(D), the Federal agency proposing such guidance

[[Page S12625]]

may, within 15 days after receiving notification of such
disapproval under subparagraph (D), request the Secretary to
review such disapproval. Within 15 days after receiving a
request for such a review, the Secretary shall conduct such
review. If, pursuant to such review, the Secretary approves
such proposed physical activity guidance, such guidance may
be issued by the Federal agency.
(3) Definitions.--In this subsection:
(A) The term ``physical activity guidance for the general
population'' does not include any rule or regulation issued
by a Federal agency.
(B) The term ``identified population subgroups'' shall
include, but not be limited to, groups based on factors such
as age, sex, race, or physical disability.
(c) Existing Authority Not Affected.--This section does not
place any limitations on--
(1) the conduct or support of any scientific or medical
research by any Federal agency; or
(2) the presentation of any scientific or medical findings
or the exchange or review of scientific or medical
information by any Federal agency.

PART II--NATIONAL FOUNDATION ON PHYSICAL FITNESS AND SPORTS

SEC. 4511. ESTABLISHMENT AND PURPOSE OF FOUNDATION.

(a) Establishment.--There is established the National
Foundation on Physical Fitness and Sports (hereinafter in
this part 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 President's Council on Physical
Fitness and Sports, to 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) 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.
(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 United States Public Health Service
Gift Fund pursuant to section 2701 of the Public Health
Service Act (42 U.S.C. 300aaa) for expenditure pursuant to
the provisions of that section and consistent with the
purposes for which the funds were donated.

SEC. 4512. BOARD OF DIRECTORS OF THE FOUNDATION.

(a) Establishment and Membership.--The Foundation shall
have a governing Board of Directors (hereinafter referred to
in this part 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 part 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 part;
and
(3) undertaking such other acts as may be necessary to
carry out the provisions of this part.
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. 4513. 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 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.
(b) Seal.--The Foundation shall have an official seal
selected by the Board which shall be judicially noticed.
(c) Powers.--To carry out its purposes under section 4511,
and subject to the specific provisions thereof, 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 part, 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. 4514. 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

[[Page S12626]]

of trade, uses to induce the sale of any goods or services,
or uses 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
name ``President's Council on Physical Fitness and Sports''
and consisting, depending upon placement, of diagonal
stripes;
(2) the official seal of the Foundation; or
(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 in the Act of July 9, 1946 (60 Stat. 427;
popularly 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 or 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 contributors, goods, or
services when donated, supplied, or furnished to or for the
use of, or approved, selected, or used by the President's
Council on Physical Fitness and Sports or the Foundation.

SEC. 4515. 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 manner provided for under section
7(c) of the Fish and Wildlife Act of 1956 (16 U.S.C.
742f(c)).

SEC. 4516. 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, as soon as practicable
after the end of each fiscal year, transmit to the Secretary
of Health and Human Services 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 its purposes set
forth in section 4511(b); or
(2) refuses, fails, or neglects to discharge its
obligations under this part, 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.

SEC. 4517. AUTHORIZATION OF APPROPRIATIONS.

For fiscal year 2010, there are authorized to be
appropriated such sums as may be necessary, to be made
available to the Foundation for organizational costs.
______