§3 BOARD OF DIRECTORS OF THE FOUNDATION.

Summary

The Foundation must have a board of nine U.S. citizens. Three members must have experience in fitness, sports, nutrition, or how exercise affects health. Six members must be private‑sector leaders with a strong interest in those same areas. The Secretary must appoint all members within 90 days of the law’s enactment (Dec. 22, 2010) and should consult the six congressional leaders named in the law about six of the appointments. Members serve six‑year terms (original members are staggered), vacancies are filled within 60 days the same way and for the rest of the term, and no one may serve more than two consecutive terms. The board elects a chair from among its members for a two‑year term. A majority of current members is needed to do business. The chair must call at least one meeting a year, and a member who misses three regular meetings in a row can be removed. Board members are unpaid but can get travel and subsistence costs like federal employees. Employees cannot be hired until the Foundation has enough money, and no employee may earn more than the Executive Level V pay rate. A board member cannot be paid as a Foundation employee. The first employee hired must be the board’s Secretary, who will run day‑to‑day operations and must have fitness/sports/nutrition experience. Public Health Service employees and their spouse or dependent relatives cannot serve on the board or as Foundation employees. Board members and employees must follow conflict‑of‑interest rules and may not take part in decisions that would directly affect their own or certain relatives’ or affiliated entities’ financial interests. The board may hire staff, write bylaws and a constitution that match the Foundation’s purpose, and take other steps needed to organize the Foundation.