Title 22, Foreign Relations and IntercourseRelease 119-110

§290h–4 Powers of Foundation

Title 22 › CHAPTER 7 — INTERNATIONAL BUREAUS, CONGRESSES, ETC. › SUBCHAPTER XXIII — UNITED STATES AFRICAN DEVELOPMENT FOUNDATION › § 290h–4

Last updated Sep 22, 2026|Official source

Summary

Creates a nonprofit Foundation that must continue until Congress ends it. The Foundation can sue or be sued, use a seal, make its own rules, sign contracts with anyone, set how bills get paid (including up to $10,000 a year for representation), hire staff (25 in fiscal year 1981, 50 in fiscal year 1982, and 75 after that), buy or lease property, accept gifts, use the U.S. mail, and, with an agency’s consent, use that agency’s information, services, facilities, and personnel. It also has any other powers needed to do its work. The Foundation must have no stock and operate only for its purposes. Its money or property must not be used to benefit its directors, officers, or employees. Those people must not take part in decisions that affect their own interests or the interests of organizations they are connected with. The Foundation is exempt from federal, territorial, state, and local taxes, including franchise and income taxes. If the Foundation ends, its assets must be liquidated and, unless Congress says otherwise, turned over to the U.S. Treasury.

Full Legal Text

Title 22, §290h–4

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(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.

Reference

Citations & Metadata

Citation

22 U.S.C. § 290h–4

Title 22, Foreign Relations and Intercourse

Last Updated

Sep 22, 2026

Release point: 119-110