Page:United States Statutes at Large Volume 114 Part 5.djvu/924

 114 STAT. 2938 PUBLIC LAW 106-568—DEC. 27, 2000 25 USC 458bbb-l. 25 USC 458bbb-2. "(j) SERVieE OF PROCESS. —The Foundation shall comply with the law on service of process of each State in which it is incorporated and of each State in which the Foundation carries on activities, "(k) LIABILITY OF OFFICERS AND AGENTS. —The Foundation shall be liable for the acts of its officers and agents acting within the scope of their authority. Members of the Board are personally liable only for gross negligence in the performance of their duties. "(1) RESTRICTIONS.— "(1) LIMITATION ON SPENDING. —Beginning with the fiscal year following the first full fiscal year during which the Foundation is in operation, the administrative costs of the Foundation may not exceed 10 percent of the sum of— "(A) the amounts transferred to the Foundation under subsection (m) during the preceding fiscal year; and "(B) donations received from private sources during the preceding fiscal year. "(2) APPOINTMENT AND HIRING.—The appointment of officers and employees of the Foundation shall be subject to the availability of funds. "(3) STATUS. —Members of the Board, and the officers, employees, and agents of the Foundation are not, by reason of their association with the Foundation, officers, employees, or agents of the United States. "(m) TRANSFER OF DONATED FUNDS. — The Secretary may transfer to the Foundation funds held by the Department of the Interior under the Act of February 14, 1931 (25 U.S.C. 451), if the transfer or use of such funds is not prohibited by any term under which the funds were donated. "(n) AUDITS.— The Foundation shall comply with the audit requirements set forth in section 10101 of title 36, United States Code, as if it were a corporation in part B of subtitle II of that title. "SEC. 502. ADMINISTRATIVE SERVICES AND SUPPORT. "(a) PROVISION OF SUPPORT BY SECRETARY.— Subject to subsection (b), during the 5-year period beginning on the date that the Foundation is established, the Secretary— "(1) may provide personnel, facilities, and other administrative support services to the Foundation; "(2) may provide funds to reimburse the travel expenses of the members of the Board under section 501; and "(3) shall require and accept reimbursements from the Foundation for any— "(A) services provided under paragraph (1); and "(B) funds provided under paragraph (2). "(b) REIMBURSEMENT. —Reimbursements accepted under subsection (a)(3) shall be deposited in the Treasury to the credit of the appropriations then current and chargeable for the cost of providing services described in subsection (a)(1) and the travel expenses described in subsection (a)(2). "(c) CONTINUATION OF CERTAIN SERVICES.— Notwithstanding any other provision of this section, the Secretary may continue to provide facilities and necessary support services to the Foundation after the termination of the 5-year period specified in subsection (a), on a space available, reimbursable cost basis. «SEC. 503. DEFINITIONS. "For the purposes of this title—

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