Page:United States Statutes at Large Volume 104 Part 4.djvu/910

 104 STAT. 3226 PUBLIC LAW 101-613—NOV. 16, 1990 reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out the duties of the Board, as set forth in the bylaws issued by the Board. "(d) INCORPORATION. — The initial members of the Board shall serve as incorporators and shall take whatever actions necessary to incorporate the Foundation. "(e) NONPROFIT STATUS.— The Foundation shall be considered to be a corporation under section 501(c) of the Internal Revenue Code of 1986, and shall be subject to the provisions of such section. "(f) EXECUTIVE DIRECTOR.— "(1) IN GENERAL.—The Foundation shall have an Executive Director who shall be appointed by the Board and shall serve at the pleasure of the Board. The Executive Director shall be responsible for the day-to-day operations of the Foundation and shall have such speci^c duties and responsibilities as the Board shall prescribe. "(2) COMPENSATION. —The rate of compensation of the Executive Director shall be fixed by the Board. "(g) POWERS.— In carrying out subsection (b), the Foundation may— "(1) operate under the direction of its Board; "(2) adopt, alter, and use a corporate seal, which shall be judicially noticed; "(3) provide for 1 or more officers, employees, and agents, as may be necessary, define their duties, and require surety bonds or make other provisions against losses occasioned by acts of such persons; "(4) hire, promote, compensate, and discharge officers and employees of the Foundation; "(5) prescribe by its Board its bylaws, that shall be consistent with law, and that shall provide for the manner in which— "(A) its officers, employees, and agents are selected; "(B) its property is acquired, held, and transferred; "(C) its general operations are to be conducted; and "(D) the privileges granted by law are exercised and enjoyed; "(6) with the consent of any executive department or independent agency, use the information, services, staff, and facilities of such in carrying out this section; "(7) sue and be sued in its corporate name, and complain and defend in courts of competent jurisdiction; "(8) modify or consent to the modification of any contract or agreement to which it is a party or in which it has an interest under this subtitle; "(9) establish a mechanism for the selection of candidates, ^ subject to the approval of the Director of the National Institutes of Health or the Administrator of the Alcohol, Drug Abuse, and Mental Health Administration, for the endowed scientific positions within the organizational structure of the intramural research programs of the National Institutes of Health and the Alcohol, Drug Abuse, and Mental Health Administration and candidates for participation in the National Institutes of Health Scholars program; Government "(10) enter into contracts with public and private organizacontracts. tions for the writing, editing, printing, and publishing of books and other material;

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