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22 U.S.C. § 290h–4Powers of Foundation

submitted 46 years ago by Pub. L. 96-533 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 530 words · no verdicts yet

in plain englishAI-generated · not legal advice

As a corporation, the Foundation can sign contracts, own property, hire staff, and accept gifts to do its work. It's a nonprofit with no stock, is exempt from taxes, and its assets go to the U.S. Treasury if it's ever shut down.

(a) General provisions: As a corporation, the Foundation: (1) can exist indefinitely unless Congress dissolves it; (2) can sue and be sued in its own corporate name; (3) can adopt, change, and use a seal; (4) can write, change, and repeal rules needed to carry out its functions; (5) can make contracts with any person or private or public entity, anywhere, needed to carry out its functions; (6) decides how it takes on debts and pays expenses, including up to $10,000 a year for representation costs; (7) can employ and set pay for up to a capped number of people at a time — 25 during fiscal year 1981, 50 during fiscal year 1982, and 75 after that; (8) can lease, buy, or otherwise acquire, own, hold, improve, use, and dispose of property, anywhere, as needed for its functions; (9) can accept gifts or donations of services or property, tangible or intangible, that further its purposes; (10) can use the U.S. mail on the same terms as federal executive departments; (11) can, with an agency's consent, use that agency's information, services, facilities, and personnel; and (12) has whatever other powers are needed to carry out its work. (b) Nonprofit status and conflicts of interest: The Foundation is a nonprofit corporation with no capital stock. None of its revenue, earnings, or other income or property can benefit any director, officer, or employee personally; it must all go toward the Foundation's purposes. No director, officer, or employee may take part, directly or indirectly, in deciding any matter that affects their own personal interests, or the interests of a company, partnership, or organization they're connected to. (c) Tax exemption: The Foundation — including its franchise and income — is exempt from any tax now or later imposed by the United States, any U.S. territory or possession, or any state, county, municipality, or local taxing authority. (d) Ending the Foundation: If the Foundation's corporate life ends, its assets are liquidated and, unless Congress says otherwise, transferred to the United States Treasury.
the actual law source: uscode.house.gov ↗public domain
(a) General provisions

The Foundation, as a corporation—

(1)

shall have perpetual succession unless dissolved by an Act of Congress;

(2)

may sue and be sued, complain, and defend, in its corporate name in any court of competent jurisdiction;

(3)

may adopt, alter, and use a seal, which shall be judicially noticed;

(4)

may prescribe, amend, and repeal such rules and regulations as may be necessary for carrying out the functions of the Foundation;

(5)

may make and perform such contracts and other agreements with any individual, corporation, or other private or public entity however designated and wherever situated, as may be necessary for carrying out the functions of the Foundation;

(6)

may determine and prescribe the manner in which its obligations shall be incurred and its expenses allowed and paid, including expenses for representation not exceeding $10,000 in any fiscal year;

(7)

may, as necessary for carrying out the functions of the Foundation, employ and fix the compensation of not to exceed the following number of persons at any one time: 25 during the fiscal year 1981, 50 during the fiscal year 1982, and 75 thereafter;

(8)

may lease, purchase, or otherwise acquire, own, hold, improve, use, or otherwise deal in and with such property (real, personal, or mixed) or any interest therein, wherever situated, as may be necessary for carrying out the functions of the Foundation;

(9)

may accept gifts or donations of services or of property (real, personal, or mixed), tangible or intangible, in furtherance of the purposes of this subchapter;

(10)

may use the United States mails in the same manner and on the same conditions as the executive departments of the Government;

(11)

may, with the consent of any agency of the United States, use the information, services, facilities, and personnel of that agency in carrying out the purposes of this subchapter; and

(12)

shall have such other powers as may be necessary and incident to carrying out this subchapter.

(b) Nonprofit entity; restriction on use of moneys; conflict of interests

The Foundation shall be a nonprofit corporation and shall have no capital stock. No part of its revenue, earnings, or other income or property shall inure to the benefit of any of its directors, officers, or employees, and such revenue, earnings, or other income or property shall only be used for carrying out the purposes of this subchapter. No director, officer, or employee of the corporation shall in any manner directly or indirectly participate in the deliberation upon or the determination of any question affecting his or her personal interests or the interests of any corporation, partnership, or organization in which he or she is directly or indirectly interested.

(c) Tax exemption

The Foundation, including its franchise and income, shall be exempt from taxation now or hereafter imposed by the United States, by any territory or possession of the United States, or by any State, county, municipality, or local taxing authority.

(d) Termination of Foundation and liquidation of assets

Upon termination of the corporate life of the Foundation its assets shall be liquidated and, unless otherwise provided by Congress, shall be transferred to the United States Treasury as the property of the United States.

Source credit: (Pub. L. 96–533, title V, § 506, Dec. 16, 1980, 94 Stat. 3153.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-533 · 94 Stat. 3153

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-533 on 1980-12-16.

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