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Executive Orders and Charter

Executive Order 13824 of February 26, 2018

Executive Orders | Charter

Executive Order 13265 - Amended February 26, 2018 - President's Council on Sports, Fitness & Nutrition:

By the authority vested in me as President by the Constitution and the laws of the United States of America, and to promote the economic, academic, and social benefits of youth sports, fitness, and nutrition, it is hereby ordered as follows:

Section 1.  Revocation.  Executive Order 13545 of June 22, 2010, is hereby revoked.

Sec. 2.  Amendment.  Executive Order 13265 of June 6, 2002, is hereby amended as follows:

     (a)  The title is revised to read as follows:  “President’s Council on Sports, Fitness, and Nutrition.”

     (b)  The preamble is revised to replace the phrase, “President’s Council on Physical Fitness and Sports” with “President’s Council on Sports, Fitness, and Nutrition.”

     (c)  Sections 1 through 5 are revised to read as follows:

“Section 1.  Purpose.  My Administration recognizes the benefits of youth sports participation, physical activity, and a nutritious diet in helping create habits that support a healthy lifestyle and improve the overall health of the American people.  My Administration therefore aims to expand and encourage youth sports participation, and to promote the overall physical fitness, health, and nutrition of all Americans.

Good health, including physical activity and proper nutrition, supports Americans’, particularly children’s, well‑being, growth, and development.  Participating in sports allows children to experience the connection between effort and success, and it enhances their academic, economic, and social prospects.  Many of America’s leaders attribute their lifetime achievements to lessons learned through sports participation and athletic activity.  Additionally, youth sports help working parents and guardians by providing their children opportunities to engage in productive, positive activities outside of school.  Unfortunately, during the past decade youth participation in team sports has declined.  As of 2016, only 37 percent of children played team sports on a regular basis, down from 45 percent in 2008.  Particularly troubling is that sports participation disproportionately lags among young girls and children who are from economically distressed areas.

Sec. 2.  Policy.  (a)  The Secretary of Health and Human Services (Secretary), in carrying out the Secretary’s responsibilities for public health and human services, shall develop a national strategy to expand children’s participation in youth sports, encourage regular physical activity, including active play, and promote good nutrition for all Americans.  This national strategy shall focus on children and youth in communities with below-average sports participation and communities with limited access to athletic facilities or recreational areas.  Through this national strategy, the Secretary shall seek to:

(i)    increase awareness of the benefits of participation in sports and regular physical activity, as well as the importance of good nutrition;

(ii)   promote private and public sector strategies to increase participation in sports, encourage regular physical activity, and improve nutrition;

(iii)  develop metrics that gauge youth sports participation and physical activity to inform efforts that will improve participation in sports and regular physical activity among young Americans; and

(iv)   establish a national and local strategy to recruit volunteers who will encourage and support youth participation in sports and regular physical activity, through coaching, mentoring, teaching, or administering athletic and nutritional programs.

Sec. 3.  The President’s Council on Sports, Fitness, and Nutrition.  (a)  There is hereby established the President’s Council on Sports, Fitness, and Nutrition (Council).

(b)  The Council shall be composed of up to 30 members recommended by the Secretary and appointed by the President.  Members shall serve for a term of 2 years, shall be eligible for reappointment, and may continue to serve after the expiration of their terms until the appointment of a successor.  The President may designate one or more of the members as Chair or Vice Chair.

Sec. 4.  Functions of the Council.  (a)  The Council shall advise the President, through the Secretary, concerning progress made in carrying out the provisions of this order and shall recommend to the President, through the Secretary, actions to accelerate such progress.

(b)  The Council shall recommend to the Secretary actions to expand opportunities at the national, State, and local levels for participation in sports and engagement in physical fitness and activity.

(c)  The Council’s performance of these functions shall take into account the Department of Health and Human Service’s Physical Activity Guidelines for Americans, including consideration for youth with disabilities.

Sec. 5.  Administration.  (a)  Each executive department and agency shall, to the extent permitted by law and subject to the availability of funds, furnish such information and assistance to the Secretary and the Council as they may request.

(b)  The members of the Council shall serve without compensation for their work on the Council.  Members of the Council may, however, receive travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in Government service (5 U.S.C. 5701‑5707).

(c)  To the extent permitted by law, the Secretary shall furnish the Council with necessary staff, supplies, facilities, and other administrative services.  The expenses of the Council shall be paid from funds available to the Secretary.

(d)  The Secretary shall appoint an Executive Director of the Council who shall serve as a liaison to the Secretary and the Advisor to the President on matters and activities pertaining to the Council.

(e)  The Council may, with the approval of the Secretary, establish subcommittees as appropriate to aid in its work.

(f)  The seal prescribed by Executive Order 10830 of July 24, 1959, as amended, shall be modified to reflect the name of the Council as established by this order.”

(d)  Section 5 is relabeled as Section 6 and amended as follows:

(a)  A new subsection (d) is added to read:  “Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.”

     (b)  A new subsection (e) is added to read:  “This order shall be implemented consistent with applicable law and subject to the availability of appropriations.”

(c)  A new subsection (f) is added to read:  “This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.”

DONALD J. TRUMP
THE WHITE HOUSE,
February 27, 2018.

PCSFN CHARTER:

CHARTER
PRESIDENT'S COUNCIL ON SPORTS, FITNESS, AND NUTRITION

AUTHORITY

Executive Order 13265, dated June 6, 2002, as amended by Executive Order 13824, dated February 26, 2018. The President's Council on Sports, Fitness, and Nutrition (the Council) is governed by provisions of the Federal Advisory Committee Act (FACA), Public Law 92-463, as amended (5 U.S.C. App.), which sets forth standards for the formation and use of advisory committees.

OBJECTIVES AND SCOPE OF ACTIVITIES

In carrying out the responsibilities for public health and human services, and to recognize that the benefits of youth sports participation, physical activity, and a nutritious diet in helping create habits that support a healthy lifestyle, the Secretary of Health and Human Services (Secretary) shall develop a national strategy to expand children's participation in youth sports, encourage regular physical activity, including active play, and promote good nutrition for all Americans. This national strategy shall focus on children and youth in communities with below-average sports participation and communities with limited access to athletic facilities or recreational areas. Through this national strategy, the Secretary shall seek to: (a) increase awareness of the benefits of participation in sports and regular physical activity, as well as the importance of good nutrition; (b) promote private and public sector strategies to increase participation in sports, encourage regular physical activity, and improve nutrition; (c) develop metrics that gauge youth sports participation and physical activity to inform efforts that will improve participation in sports and regular physical activity among young Americans; and (d) establish a national and local strategy to recruit volunteers who will encourage and support youth participation in sports and regular physical activity, through coaching, mentoring, teaching, or administering athletic and nutritional programs.

DESCRIPTION OF DUTIES

Functions of the Council:

  1. Advise the President, through the Secretary, concerning progress made in carrying out the provisions of Executive Order 13265, as amended by Executive Order 13824, and shall recommend to the President, through the Secretary, actions to accelerate such progress;
  2. The Council shall recommend to the Secretary, actions to expand opportunities at the national, state, and local levels for participation in sports and engagement in physical fitness and activity;
  3. The Council’s performance of these functions shall take into account the Department of Health and Human Services' Physical Activity Guidelines for Americans, including consideration for youth with disabilities.

AGENCY OR OFFICIAL TO WHOM THE COUNCIL REPORTS

The Council shall advise the President, through the Secretary, concerning progress in carrying out the provisions of Executive Order 13265, as amended by Executive Order 13824.

Presidential Advisory Committee Follow-up Report: The United States Department of Health and Human Services (HHS) is responsible for ensuring that the reporting requirements of Section 6(b) of the FACA are fulfilled.

SUPPORT

To the extent permitted by law, the Secretary shall furnish the Council with necessary staff, supplies, facilities, and other administrative services. The expenses of the Council shall be paid from funds available to the Secretary. Management and support services provided to the Council will be the responsibility of the Office of the Assistant Secretary for Health. The Office of the Assistant Secretary for Health is a staff division within the HHS Office of the Secretary.

Each executive department and agency shall, to the extent permitted by law and subject to the availability of funds, furnish such information and assistance to the Secretary and the Council as they may request.

ESTIMATED ANNUAL OPERATING COST AND STAFF YEARS

The estimated annual cost for operating the Council, including travel and per diem expenses for members, but excluding staff support is $1,168,000. There is an allocation of six (6) FTEs projected to provide staff support for Council activities; the annual cost for the projected human resources is $920,000.

DESIGNATED FEDERAL OFFICER (DFO)

The Executive Director of the Council is the Designated Federal Officer. The Secretary shall appoint a full-time or permanent part-time Federal employee as the Executive Director of the

Council, who shall serve as a liaison to the Secretary and the Advisor to the President on matters and activities pertaining to the Council. The Executive Director of the Council also shall provide management and oversight for staff assigned to provide support for Council activities. In the event the DFO or alternate DFO cannot fulfill the assigned responsibilities for the Council, the Secretary or designee will temporarily appoint one or more permanent full-time or part-time program staff to carry out the assigned duties.

The DFO will schedule and approve all meetings of the Council and any respective subcommittees to be held. The DFO will prepare all meeting agendas; development and approval of the meeting agenda can be done in collaboration with the Council leadership. The DFO or designee will attend all meetings of the Council and any respective subcommittees. The DFO also has authority to adjourn meetings, when it is determined to be in the public interest, and can be directed by the Secretary or designee to chair Council meetings.

ESTIMATED NUMBER AND FREQUENCY OF MEETINGS

The Council shall meet, at a minimum, one time per fiscal year; additional meetings may be held depending upon the availability of funds to support the meeting. Meetings will be open to the public, except as determined otherwise by the Secretary or designee, in keeping with the guidelines under Government in the Sunshine Act, 5 U.S.C. 552b(c). Notice of all meetings will be given to the public. Meetings will be conducted and records of the proceedings will be kept, as required by applicable laws and Departmental policies. A quorum of the membership is required for the Council to meet to conduct business.

When it is determined by the Secretary or designee that a meeting will be closed or partially closed to the public, in accordance with stipulations of Government in the Sunshine Act, 5 U.S.C. 552b(c), then a report will be prepared that includes, at a minimum, a list of the members and their business addresses, the Council's functions, date and place of the meeting, and a summary of the Council's activities and recommendations made during the fiscal year. A copy of the report will be provided to the Department Committee Management Officer.

DURATION

Continuing.

TERMINATION

Unless extended by the President, the Council will terminate on September 30, 2019.

MEMBERSHIP AND DESIGNATION

The Council shall be composed of up to 30 members recommended by the Secretary and appointed by the President. Members shall serve for a term of 2 years, shall be eligible for reappointment, and may continue to serve after the expiration of their terms until the appointment of a successor. The President may designate one or more of the members as Chair or Vice Chair. Members of the Council shall be classified as special Government employees (SGEs) and are subject to government ethics rules.

The members of the Council shall serve without compensation for their work on the Council. Members of the Council may, however, receive travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in Government service (5 u.s.c. 5701-5707).

SUBCOMMITTEES

The Council may, with approval of the Secretary, establish subcommittees as appropriate to aid in its work. Any such subcommittee shall be composed of Council members and/or non-member special consultants. Any such subcommittee may not report directly to the President or another Federal official unless there is specific statutory authority for such reporting.

The Department Committee Management Officer will be notified upon establishment of each subcommittee, and will be provided information regarding the name of the subcommittee, function, membership, and estimated frequency of meetings.

RECORD KEEPING

Records of the Council and any established subcommittee will be handled in accordance with General Records Schedule 6.2, Federal Advisory Committee Records or other approved agency records disposition schedule. Applicable records will be made available to the public for inspection and copying, subject to the Freedom of lnformation Act, 5 U.S.C. 552.

FILING DATE:

MAY 17, 2018

APPROVED:

MAY 11, 2018                                                /s/Alex M. Azar II

Content created by Assistant Secretary for Health (ASH)
Content last reviewed on July 18, 2018