US Codex
Bill
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National Foundation on Fitness, Sports, & Nutrition Act

H.R. 4795 · 117th Congress · Jul 29, 2021 · Lineage

A BILL

To amend the National Foundation on Fitness, Sports, and Nutrition Establishment Act of 2010 to permit the Foundation to receive Federal funds, revise the procedures for the appointment of members of the Board of the National Foundation on Fitness, Sports, and Nutrition, and other purposes.

Section 1 Short Title

This Act may be cited as the “National Foundation on Fitness, Sports, & Nutrition Act” or the “NFFSN Act”.

Sec. 2 Establishment and Purpose of Foundation

(a)
Funding and support services— Section 2 of the National Foundation on Fitness, Sports, and Nutrition Establishment Act (36 U.S.C. 20101 note) is amended—
(1)
by amending subsection (c) to read as follows:

“(c) Federal Grants—The Foundation may be eligible for a federal grant if the Foundation meets the eligibility requirements for the grant.”

(2)
by adding at the end the following:

“(d) Funding—To the extent permitted by law and subject to the availability of funds, the Secretary of Health and Human Services may provide funding, facilities, utilities, and other administrative support services to the Foundation.”

(b)
Board of Directors—
(1)
Board Composition— Section 3(a) of such Act (36 U.S.C. 20101 note) is amended—
(A)
by striking “Establishment and Membership” and inserting “Establishment and Composition”;
(B)
by striking “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—” and inserting:

“(1) In general—The Foundation shall have a governing Board of Directors (hereinafter referred to in this Act as the “Board”), each of whom shall be a United States citizen and—

(C)
in paragraph (1), by striking “3 of whom” and inserting “at least 3 of whom”;
(D)
in paragraph (2), by striking “6 of whom” and inserting “at least 6 of whom”;
(E)
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(F)
by striking “The membership of the Board” and inserting:

“(2) Membership—The membership of the Board”

(G)
by adding at the end the following:

“(3) Number of members—The Board shall consist of at least 9 members and the Board may amend the bylaws of the Foundation to increase the number of members of the Board.”

(2)
Board Appointments— Section 3(b) of such Act (36 U.S.C. 20101 note) is amended to read as follows:

“(b) Appointments—Members of the Board shall be appointed by the Board by majority approval.”

(3)
Board Terms— Section 3(c) of such Act (36 U.S.C. 20101 note) is amended by striking “in the same manner in which the original appointment was made” and inserting “in the manner required by subsection (b)”.
(4)
Board Salary— Section 3(h)(1) of such Act (36 U.S.C. 20101 note) is amended by striking the second sentence.
(c)
Protection of Trademarks— Section 5(a) of such Act (36 U.S.C. 20101 note) is amended by striking “may be provided only by the Foundation with the concurrence of the Secretary or the Secretary’s designee” and inserting “may be provided only by the Foundation”.

Sec. 3 Effective Date

(a)
In General— The amendments made by this Act shall take effect on the date of the enactment of this Act.
(b)
Board Appointment Rule— The amendments made to sections 3(b) and 3(c) of the National Foundation on Fitness, Sports, and Nutrition Establishment Act (36 U.S.C. 20101 note) by this Act shall apply to all vacancies on the Board of Directors of the National Foundation of Fitness, Sport, and Nutrition and expirations of a Board member’s term occurring on or after the date of enactment of this Act.