Page:United States Statutes at Large Volume 104 Part 4.djvu/1021

 PUBLIC LAW 101-619—NOV. 16, 1990 104 STAT. 3337 Officers and employees of the Foundation shall be appointed without regard to the provisions of title 5, of the United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 or subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay in effect for grade GS-18 of the General Schedule. (ii) The first officer or employee appointed by the Board shall be the Executive Director of the Foundation who— (I) shall serve, at the direction of the Board, as the Secretary of the Board and the Foundation's chief executive officer; and (II) shall be experienced in matters relating to environmental education and training. (c) RIGHTS AND OBLIGATIONS OF THE FOUNDATION. — (1) IN GENERAL.—The Foundation— (A) shall have perpetual succession; (B) may conduct business throughout the several States, territories, and possessions of the United States and abroad; (C) shall have its principal offices in the District of Columbia or in the greater metropolitan area; and (D) shall at all times maintain a designated agent authorized to accept service of process for the Foundation. The service of notice to, or service of notice upon, the agent required under paragraph (4), or mailed to the business address of such agent, shall be deemed as service upon or notice to the Foundation. (2) SEAL.—The Foundation shall have an official seal selected by the Board which shall be judicially noticed. (3) POWERS.— To carry out its purposes under section 10(a) of this Act, the Foundation shall have, in addition to the powers ^ otherwise given it under this section, the usual powers of a corporation acting as a trustee, including the power— (A) to accept, receive, solicit, hold, administer, and use any gift, devise, or bequest, either absolutely or in trust, of real or personal property or any income therefrom or other interest therein; (B) to acquire by purchase or exchange any real or personal property or interest therein; (C) unless otherwise required by the instrument of transfer, to sell, donate, lease, invest, reinvest, retain, or otherwise dispose of any property or income therefrom; (D) to sue, or to be sued, and complain or defend itself in any court of competent jurisdiction, except that the Directors of the Board shall not be personally liable, except for gross negligence; (E) to enter into contracts or other arrangements with public agencies and private organizations and persons and to make such payments as may be necessary to carry out its functions; and (F) to do any and all acts necessary and proper to carry out the purposes of the Foundation. (d) CONDITIONS ON DONATIONS. — (1) For the purposes of this section, a gift, devise, or bequest may be accepted by the Foundation even though it is encum-

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