Sec. 8. National Service Foundation
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Title I is further amended by adding at the end the following new subtitle: In order to encourage private gifts of real and personal property or any income therefrom or other interest therein for the benefit of, or in connection with, the National and Community Service Administration, its activities, or its services, and thereby to further the mission and purpose of the Administration and to provide greater opportunities for volunteer service, there is hereby established a charitable and nonprofit corporation to be known as the National Service Foundation (referred to in this subtitle as the Foundation ) to accept and administer such gifts.
The National Service Foundation shall consist of a Board of the Foundation having as members the Administrator, ex officio, and no less than six private citizens of the United States appointed by the Administrator, who shall take into consideration appointing— an individual who is between the ages of 18 and 25 who has served in a school-based or community-based service program; and an individual who has served as a supervisor in the Senior Corps. The initial terms of members first appointed shall be staggered to assure continuity of administration.
Members appointed thereafter shall be appointed for a term of six years, unless a successor is chosen to fill a vacancy occurring prior to the expiration of the term for which his predecessor was chosen, in which event the successor shall be chosen only for the remainder of that term. The Administrator shall be the Chairman of the Board of the Foundation. Membership on the Board of the Foundation shall not be deemed to be an office within the meaning of the statutes of the United States.
A majority of the members of the Board of the Foundation serving at any one time shall constitute a quorum for the transaction of business, and the Foundation shall have an official seal, which shall be judicially noticed. The Board of the Foundation shall meet at the call of the Chairman and there shall be at least one meeting each year. No compensation shall be paid to the members of the Board of the Foundation for their services as members, but they shall be reimbursed for actual and necessary traveling and subsistence expenses incurred by them in the performance of their duties as such members out of National Service Foundation funds available to the Board of the Foundation for such purposes.
The Foundation is authorized to accept, receive, solicit, hold, administer, and use any gifts, devises, or bequests, either absolutely or in trust of real or personal property or any income therefrom or other interest therein for the benefit of or in connection with, the Administration, its activities, or its services. The Foundation may not accept any such gift, devise, or bequest which entails any expenditure other than from the resources of the Foundation. An interest in the real property includes, among other things, easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources.
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 interest therein is for the benefit of the Administration, its activities, or its services. Except as otherwise required by the instrument of transfer, the Foundation may sell, lease, invest, reinvest, retain, or otherwise dispose of or deal with any property or income thereof as the Board of the Foundation may from time to time determine.
The Foundation shall not engage in any business, nor shall the Foundation make any investment that may not lawfully be made by a trust company in the District of Columbia, except that the Foundation may make any investment authorized by the instrument of transfer, and may retain any property accepted by the Foundation. The Foundation may utilize the services and facilities of the Administration, and such services and facilities may be made available on request to the extent practicable without reimbursement therefor.
The Foundation shall have perpetual succession, with all the usual powers and obligations of a corporation acting as a trustee, including the power to sue and to be sued in its own name, but the members of the Board of the Foundation shall not be personally liable, except for malfeasance. The Foundation shall have the power to enter into contracts, to execute instruments, and generally to do any and all lawful acts necessary or appropriate to its purposes. In carrying out the provisions of this Act, the Board of the Foundation may adopt bylaws, rules, and regulations necessary for the administration of its functions and contract for any necessary services.
The Foundation and any income or property received or owned by it, and all transactions relating to such income or property, shall be exempt from all Federal, State, and local taxation with respect thereto. The Foundation may, however, in the discretion of its directors, contribute toward the costs of local government in amounts not in excess of those which it would be obligated to pay such government if it were not exempt from taxation by virtue of the foregoing or by virtue of its being a charitable and nonprofit corporation and may agree so to contribute with respect to property transferred to it and the income derived therefrom if such agreement is a condition of the transfer.
Contributions, gifts, and other transfers made to or for the use of the Foundation shall be regarded as contributions, gifts, or transfers to or for the use of the United States. The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation. The Foundation shall, as soon as practicable after the end of each fiscal year, transmit to Congress an annual report of its proceedings and activities, including a full and complete statement of its receipts, expenditures, and investments.
For the purposes of assisting the Foundation in establishing an office and meeting initial administrative, project, and other startup expenses, there is authorized to be appropriated $2,500,000 for fiscal year 2017. Such funds shall remain available to the Foundation until they are expended for authorized purposes. .