§ 290h–4 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 188

to carry out the purposes of this subchapter;

and

(E) other projects that would carry out the

purposes set forth in section 290h–2 of this

title.

(2) The total amount of grants, loans, and loan

guarantees that may be made under this section

for a project may not exceed $250,000.

(3) The Foundation may disseminate to the

American public and to United States and

multilateral development institutions insights

gained from African development projects assisted under this subchapter.

(b) Community project priorities; disbursement

of funds by recipients to other African entities

In making grants, loans, and loan guarantees

under subsection (a) of this section, the Foundation shall give priority to projects which community groups undertake to foster their own development and in the initiation, design, implementation, and evaluation of which there is the

maximum feasible participation of the poor.

Where appropriate and in keeping with the purposes of this subchapter, the Foundation may

make such grants, loans, and loan guarantees to

African entities which are representative and

knowledgeable of, and sensitive to, the needs

and aspirations of the poor and which would disburse funds acquired under such grants, loans,

and loan guarantees to other African entities to

carry out the purposes of this subchapter.

(Pub. L. 96–533, title V, §505, Dec. 16, 1980, 94

Stat. 3152; Pub. L. 100–461, title II, §201, Oct. 1,

1988, 102 Stat. 2268–13.)

AMENDMENTS

1988—Subsec. (a)(1). Pub. L. 100–461 inserted ‘‘(including public international organizations)’’ after ‘‘public

group’’.

§ 290h–4. Powers of Foundation

(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.

(Pub. L. 96–533, title V, §506, Dec. 16, 1980, 94

Stat. 3153.)

§ 290h–5. Management of Foundation

(a) Board of directors; membership; designation

of Chairperson and Vice Chairperson; appointment considerations; term; vacancies

(1) The management of the Foundation shall

be vested in a board of directors (hereafter in

this subchapter referred to as the ‘‘Board’’) composed of seven members appointed by the President, by and with the advice and consent of the

Senate. The President shall designate one member of the Board to serve as Chairperson of the