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United States (except as may otherwise be provided in this
chapter).
‘‘(4) The terms of office of the directors are 4 years.
‘‘(5) A vacancy on the board shall be filled in the
manner in which the original appointment was made.
‘‘(c) CHAIR.—The directors shall select one of the di-
rectors as the chair of the board. The individual selected
may not be a current or former holder of any partisan
elected office or a current or former officer of any national
committee of a political party.
‘‘(d) QUORUM.—The number of directors constituting
a quorum of the board shall be established under the by-
laws of the foundation.
‘‘(e) MEETINGS.—The board shall meet at the call
of the chair of the board for regularly scheduled meetings,
except that the board shall meet not less often than annu-
ally.
‘‘(f) REIMBURSEMENT
OF
EXPENSES.—Directors
shall serve without compensation but may receive travel
expenses, including per diem in lieu of subsistence, in ac-
cordance with sections 5702 and 5703 of title 5.
‘‘(g) LIABILITY OF DIRECTORS.—Directors are not
personally liable, except for gross negligence.
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‘‘§ 152604. Officers and employees
‘‘(a) APPOINTMENT
OF OFFICERS
AND EMPLOY-
EES.—The board of directors appoints, removes, and re-
places officers and employees of the foundation.
‘‘(b) STATUS AND COMPENSATION OF EMPLOYEES.—
‘‘(1) IN GENERAL.—Officers and employees of
the foundation—
‘‘(A) are not employees of the Federal gov-
ernment (except as may otherwise be provided
in this chapter);
‘‘(B) shall be appointed and removed with-
out regard to the provisions of title 5 governing
appointments in the competitive service; and
‘‘(C) may be paid without regard to chap-
ter 51 and subchapter III of chapter 53 of title
5.
‘‘(2) AVAILABILITY
OF
FEDERAL
EMPLOYEE
RATES FOR TRAVEL.—For purposes of any schedules
of rates negotiated by the Administrator of General
Services for the use of employees of the Federal gov-
ernment who travel on official business, officers and
employees of the foundation who travel while en-
gaged in the performance of their duties under this
chapter shall be deemed to be employees of the Fed-
eral government.
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‘‘§ 152605. Powers
‘‘(a) GENERAL.—The foundation may—
‘‘(1) adopt a constitution and bylaws;
‘‘(2) adopt a seal which shall be judicially no-
ticed; and
‘‘(3) do any other act necessary to carry out
this chapter.
‘‘(b) POWERS AS TRUSTEE.—To carry out its pur-
poses, the foundation has the usual powers of a corpora-
tion acting as a trustee in the District of Columbia, includ-
ing the power—
‘‘(1) to accept, receive, solicit, hold, administer,
and use any gift, devise, or bequest, either absolutely
or in trust, of property or any income from or other
interest in property;
‘‘(2) to acquire property or an interest in prop-
erty by purchase or exchange;
‘‘(3) unless otherwise required by an instrument
of transfer, to sell, donate, lease, invest, or otherwise
dispose of any property or income from property;
‘‘(4) to borrow money and issue instruments of
indebtedness;
‘‘(5) to make contracts and other arrangements
with public agencies and private organizations and
persons and to make payments necessary to carry
out its functions;
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‘‘(6) to sue and be sued; and
‘‘(7) to do any other act necessary and proper
to carry out the purposes of the foundation.
‘‘(c) ENCUMBERED OR RESTRICTED GIFTS.—A gift,
devise, or bequest may be accepted by the foundation even
though it is encumbered, restricted, or subject to beneficial
interests of private persons, if any current or future inter-
est is for the benefit of the foundation.
‘‘(d) CONTRACTS.—The foundation may enter into
such contracts with public and private entities as it con-
siders appropriate to carry out its purposes.
‘‘(e) ANNUAL CONFERENCE IN WASHINGTON MET-
ROPOLITAN AREA.—During each year (beginning with
2003), the foundation may sponsor a conference in the
Washington, D.C., metropolitan area to honor secondary
school students and other individuals who have served (or
plan to serve) as poll workers and assistants and who have
otherwise participated in the programs and activities of
the foundation.
‘‘§ 152606. Principal office
‘‘The principal office of the foundation shall be in the
District of Columbia unless the board of directors deter-
mines otherwise. However, the foundation may conduct
business throughout the States, territories, and posses-
sions of the United States.
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‘‘§ 152607. Service of process
‘‘The foundation shall have a designated agent to re-
ceive service of process for the foundation. Notice to or
service on the agent, or mailed to the business address
of the agent, is notice to or service on the foundation.
‘‘§ 152608. Annual audit
‘‘The foundation shall enter into a contract with an
independent auditor to conduct an annual audit of the
foundation.
‘‘§ 152609. Civil action by Attorney General for equi-
table relief
‘‘The Attorney General may bring a civil action in
the United States District Court for the District of Colum-
bia for appropriate equitable relief if the foundation—
‘‘(1) engages or threatens to engage in any act,
practice, or policy that is inconsistent with the pur-
poses in section 152602 of this title; or
‘‘(2) refuses, fails, or neglects to carry out its
obligations under this chapter or threatens to do so.
‘‘§ 152610. Immunity of United States Government
‘‘The United States Government is not liable for any
debts, defaults, acts, or omissions of the foundation. The
full faith and credit of the Government does not extend
to any obligation of the foundation.
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‘‘§ 152611. Authorization of appropriations
‘‘There are authorized to be appropriated to the foun-
dation for carrying out the purposes of this chapter—
‘‘(1) $5,000,000 for fiscal year 2002; and
‘‘(2) such sums as may be necessary for each
succeeding fiscal year.
‘‘§ 152612. Annual report
‘‘As soon as practicable after the end of each fiscal
year, the foundation shall submit a report to the Commis-
sion, the President, and Congress on the activities of the
foundation during the prior fiscal year, including a com-
plete statement of its receipts, expenditures, and invest-
ments. Such report shall contain information gathered
from participating secondary school students describing
the nature of the work they performed in assisting local
election officials and the value they derived from the expe-
rience of educating participants about the electoral proc-
ess.’’.
(b) CLERICAL AMENDMENT.—The table of chapters
for part B of subtitle II of title 36, United States Code,
is amended by inserting after the item relating to chapter
1525 the following new item:
‘‘1526. Help America Vote Foundation ......................................152601’’.