The President's Council was established through an Executive Order (EO) by the President of the United States. Find links to PCSFN-related Executive Orders and read the Council’s Charter on this page.
President Biden issued Executive Order 14048, renewing the President’s Council on Sports, Fitness & Nutrition until September 30, 2023. This EO allows for continued promotion of the National Youth Sports Strategy, and provides for the work of the Council to include a focus on expanding national awareness of the importance of mental health as it pertains to physical fitness and nutrition.
Executive Order 13824 revokes EO 13545, and revises EO 13265. It renames the President’s Council on Physical Fitness and Sports as the President’s Council on Sports, Fitness and Nutrition, and allows for up to 30 appointed Council members. In addition, EO 13824 directs the Secretary of the Department of Health and Human Services to develop a national strategy to expand children’s participation in youth sports, with a focus on children and youth in communities with below-average sports participation and communities with limited access to athletic facilities or recreational areas.
Executive Order 13545 revises EO 13265, renames the President’s Council on Physical Fitness and Sports as the President’s Council on Fitness, Sports and Nutrition, and allows for up to 25 Council members to be appointed by the President. Additionally, EO 13545 adds a nutrition focus to the mission of the President’s Council, recognizing that good nutrition goes hand in hand with fitness and sports participation in leading a healthy lifestyle.
Executive Order 13265 continues the work of the President’s Council on Physical Fitness and Sports, and allows for up to 20 Presidentially appointed Council members. Additionally, EO 13265 tasks the President’s Council with expanding national interest in and awareness of the benefits of regular physical activity and active sports participation for all Americans. The EO notes a particular emphasis on children and adolescents, as well as populations or communities in which specific risks or disparities in participation in, access to, or knowledge about the benefits of physical activity have been identified.
PRESIDENT'S COUNCIL ON SPORTS, FITNESS, AND NUTRITION
COMMITTEE’S OFFICIAL DESIGNATION
President’s Council on Sports, Fitness & Nutrition
Executive Order 13265 of June 6, 2002, as amended by EO 13924 and 14048, and continued by EO 14048, dated September 30, 2021. The President's Council on Sports, Fitness & 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, operation, and termination of advisory committees.
OBJECTIVES AND SCOPE OF ACTIVITIES
The Council is charged with advising the President, through the Secretary of Health and Human Services (Secretary), concerning progress made in carrying out the provisions of Executive Order 13265, as amended, which aims to expand and encourage youth sports participation, and to promote the overall physical fitness, health, and nutrition of all Americans. Executive Order 14048 directs the Secretary to carry out the responsibilities for public health and human services, and to continue to promulgate a national strategy (the National Youth Sports Strategy) to expand children’s participation in youth sports, encourage regular physical activity, including active play, and promote good nutrition for all Americans. Published in September 2019, the National Youth Sport Strategy focuses on children and youth in communities with below-average sports participation and communities with limited access to athletic facilities or recreational areas. The Executive Order directs the Secretary to expand national awareness of the importance of mental health as it pertains to physical fitness and nutrition and to share information about the positive effects of physical activity on mental health, particularly as it relates to children and adolescents, to combat the negative mental health impacts of the coronavirus disease 2019 (COVID-19) pandemic.
DESCRIPTION OF DUTIES
Functions of the Council:
- Advise the President, through the Secretary, concerning progress made in carrying out the provisions of Executive Order 13265, as amended, and shall recommend to the President, through the Secretary, actions to accelerate such progress;
- 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;
- 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.
- The Council members shall function as liaisons and spokespersons on behalf of the Council to relevant State, local, and private entities, and share information about the work of the Council in order to advise the Secretary regarding opportunities to extend and improve physical activity, fitness, sports, and nutrition programs and services at the State, local, and national levels.
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, as further amended by Executive Order 14048.
Section 6(b) of FACA states that within one year after a Presidential advisory committee has submitted a public report to the President, the President or his delegate shall make a report to Congress stating either his proposals for action or his reasons for inaction, with respect to the recommendations contained in the public 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.
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 (OASH). 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 $330,000. There is an allocation of 2.8 FTEs projected to provide staff support for Council activities; the annual cost for the projected human resources is $500,843.
DESIGNATED FEDERAL OFFICER (DFO)
The Secretary shall appoint the Designated Federal Officer (DFO) from among permanent full-time or part-time staff within OASH who have knowledge of the subject matter and skills and experience necessary to manage the Council. The Secretary may appoint an Alternate DFO, who will carry out the assigned duties if the DFO cannot fulfill the assigned responsibilities for the Council. In the absence of the appointed DFO or Alternate DFO, the Secretary will temporarily appoint one or more permanent full-time or part-time program staff to serve as the DFO and 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 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 may meet 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.
Unless extended by the President, the Council will terminate on September 30, 2023.
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 Secretary shall appoint an Executive Director of the Council who shall serve as a liaison to the Secretary and the White House on matters and activities pertaining to the Council.
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).
The Council may, with approval of the Secretary, establish subcommittees as appropriate to aid in its work. Any such subcommittee shall be composed in whole or in part from Council members, and consultants. Any such subcommittee must not provide advice or work products 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.
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 Information Act, 5 U.S.C. 552.
May 17, 2022
May 16, 2022 /s/Xavier Becerra