Sec. 9. Powers of the Board
396 words·~2 min read·
/bill/119/s/2140/is/section-9·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In carrying out this Act, the Board shall have the power, in accordance with this Act— to adopt, use, and alter a corporate seal; to make agreements and contracts with persons, Indian Tribes, and private or governmental entities; to sue and be sued in its corporate name and to complain and defend in any court of competent jurisdiction; to represent itself, or to contract for representation, in all judicial, legal, and other proceedings; with the approval of the Federal agency concerned, to make use of services, facilities, and property of any board, commission, independent establishment, or executive agency or department of the Executive Branch in carrying out this Act; and to pay for that use (with those payments to be credited to the applicable appropriation that incurred the expense); to use the United States mails on the same terms and conditions as the executive departments of the Federal Government; to obtain the services of experts and consultants in accordance with the provisions of section 3109 of title 5, United States Code, and to accept and utilize the services of voluntary and noncompensated personnel and reimburse that personnel for travel expenses, including per diem, as authorized by section 5703 of that title; to acquire, hold, maintain, use, and operate such real property, including improvements thereon, personal property, equipment, and other items, as may be necessary to enable the Board to carry out the purpose of this Act; to the extent not already provided by law, to obtain insurance to cover all activities of the University, including coverage relating to property and liability, or make other provisions against losses; and to exercise all other lawful powers necessarily or reasonably related to the establishment of the University in order to carry out the provisions of this Act and the exercise of the powers, purposes, functions, duties, and authorized activities of the University.
Any funds received by, or under the control of, the University that are not Federal funds shall be accounted for separately from Federal funds. Members of the Board shall have a fiduciary duty to the University, including the duty of care, the duty of loyalty, the duty of good faith, the duty of confidentiality, and the duty of disclosure. The University may obtain insurance on behalf of the members of the Board in the performance of the official duties of the members on behalf of the University.