42 U.S.C. § 17355: Powers of the Foundation…

Summary

The Foundation stays in existence unless Congress passes a law after December 19, 2007 to end it. It can use a seal, make contracts with anyone anywhere, decide how to spend money and pay bills (including for representation), buy or lease property, accept gifts or funds from private or foreign sources or governments, use the U.S. mail like executive departments, hire people as contractors who are not federal employees, get passenger vehicles, and do other things needed to carry out its work. Its main office must be in the Washington, D.C. metropolitan area. The Foundation follows chapter 91 of title 31 but cannot issue or sell debt to the public. The Inspector General of the Department of State acts as the Foundation’s Inspector General and may review, investigate, and inspect all Foundation operations. That Inspector General reports to and is supervised by the Foundation’s Board. The Foundation must reimburse the Department of State for Inspector General costs, and up to $500,000 from the amount authorized under section 17357(a) for a fiscal year may be made available to the Inspector General for those reviews, investigations, and inspections.

Title 42, §17355

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Powers

The Foundation—

(1)shall have perpetual succession unless dissolved by a law enacted after December 19, 2007;

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

(3)may make and perform such contracts, grants, and other agreements with any person or government however designated and wherever situated, as may be necessary for carrying out the functions of the Foundation;

(4)may determine and prescribe the manner in which its obligations shall be incurred and its expenses allowed and paid, including expenses for representation;

(5)may lease, purchase, or otherwise acquire, improve, and use such real property wherever situated, as may be necessary for carrying out the functions of the Foundation;

(6)may accept money, funds, services, or property (real, personal, or mixed), tangible or intangible, made available by gift, bequest grant, or otherwise for the purpose of carrying out the provisions of this subchapter from domestic or foreign private individuals, charities, nongovernmental organizations, corporations, or governments;

(7)may use the United States mails in the same manner and on the same conditions as the executive departments;

(8)may contract with individuals for personal services, who shall not be considered Federal employees for any provision of law administered by the Office of Personnel Management;

(9)may hire or obtain passenger motor vehicles; and

(10)shall have such other powers as may be necessary and incident to carrying out this part.

(b)Principal office

The Foundation shall maintain its principal office in the metropolitan area of Washington, District of Columbia.

(c)Applicability of Government Corporation Control Act

(1)In general

The Foundation shall be subject to chapter 91 of subtitle VI of title 31, except that the Foundation shall not be authorized to issue obligations or offer obligations to the public.

(2)Omitted

(d)Inspector General

(1)In general

The Inspector General of the Department of State shall serve as Inspector General of the Foundation, and, in acting in such capacity, may conduct reviews, investigations, and inspections of all aspects of the operations and activities of the Foundation.

(2)Authority of the Board

In carrying out the responsibilities under this subsection, the Inspector General shall report to and be under the general supervision of the Board.

(3)Reimbursement and authorization of services

(A)Reimbursement

The Foundation shall reimburse the Department of State for all expenses incurred by the Inspector General in connection with the Inspector General’s responsibilities under this subsection.

(B)Authorization for services

Of the amount authorized to be appropriated under section 17357(a) of this title for a fiscal year, up to $500,000 is authorized to be made available to the Inspector General of the Department of State to conduct reviews, investigations, and inspections of operations and activities of the Foundation.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in subsec. (a)(6), was in the original “this title”, meaning title IX of Pub. L. 110–140, Dec. 19, 2007, 121 Stat. 1725, which enacted this subchapter and amended section 5314 of Title 5, Government Organization and Employees, section 9101 of Title 31, Money and Finance, and section 3021 of Title 50, War and National Defense. For complete classification of title IX to the Code, see Tables. Codification Section is comprised of section 925 of Pub. L. 110–140. Subsec. (c)(2) of section 925 of Pub. L. 110–140 amended section 9101 of Title 31, Money and Finance.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.

§17355 Powers of the Foundation; Related Provisions