National Service Foundation

(a) Elimination of current authority for donations of property Section 196(a) (42 U.S.C. 12651g(a)) is amended— (1) by striking paragraph (2); (2) by redesignating clause (iii) of paragraph (1)(C) as paragraph (2); and (3) in paragraph (2), as redesignated by paragraph (2) of this subsection, by striking all that precedes this term and inserting the following: (2) Inherently governmental function As used in this subsection,. (b) Foundation Title I (42 U.S.C. 12511 et seq.) is further amended by adding at the end the following new subtitle: K National Service Foundation 199P. National Service Foundation (a) Establishment In order to encourage private gifts of real and personal property or any income from that property or other interest in that property for the benefit of, or in connection with, the Administration, and its activities, services, or former participants, and through those gifts to further the mission and purpose of the Administration and to provide greater opportunities for volunteer service, there is 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. (b) Board of the Foundation (1) In general The National Service Foundation shall consist of a Board of the Foundation, having as members the Director of the Administration, as an ex officio, nonvoting member, and not less than 6 individuals, who are not officers or employees of the Federal Government, appointed by the Director after considering the recommendations of the Advisory Board described in section 192. (2) Terms (A) Initial members The terms of the initial members of the Board of the Foundation shall be staggered to assure continuity of administration. (B) Subsequent members A subsequent member shall serve for a term of 6 years. (C) Vacancies If a vacancy occurs on the Board of the Foundation, a new member shall be appointed by the Director and serve for the remainder of the term for which the predecessor of such member was appointed. The vacancy shall not affect the power of the remaining members to execute the duties of the Board of the Foundation. (3) Chairman The Director shall be the Chairman of the Board of the Foundation. (4) Status Members and staff of the Board of the Foundation shall not be considered to be officers or employees of the Federal Government. (5) Quorum 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. (6) Meetings The Board of the Foundation shall meet at the call of the Chairman, and not less often than once each year. (7) Compensation and travel expenses (A) Compensation A member of the Board of the Foundation shall serve without compensation. Notwithstanding section 1342 of title 31, United States Code, the Board may accept and use voluntary and uncompensated services as the Commission determines necessary. (B) Travel expenses A member of the Board shall be allowed travel expenses (out of Foundation funds), including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the member's home or regular places of business in the performance of services for the Board. (c) Authorization To accept and use gifts and bequests 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 from the property or other interest in the property 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 that entails any expenditure other than from the resources of the Foundation. An interest in such 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 relating to property may be accepted by the Foundation even though the property is encumbered, restricted, or subject to beneficial interests of private persons, if any current or future interest in the property is for the benefit of the Administration, its activities, or its services. (d) Use of funds, investment (1) In general Except as otherwise required by the instrument of transfer to the Foundation, the Foundation may sell, lease, invest, reinvest, retain, or otherwise dispose of or deal with any property transferred to the Foundation or income from the property as the Board of the Foundation may from time to time determine to be appropriate. The Foundation shall not engage in any business, nor shall the Foundation make any investment, that may not lawfully be engaged in or 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. (2) Services and facilities 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. (e) Succession, liability, and powers (1) Succession 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. (2) Liability Notwithstanding paragraph (1), the members of the Board of the Foundation shall not be personally liable for acts or omissions related to the Foundation, except for malfeasance. (3) Powers 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. (f) Bylaws 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 enter into contracts for any necessary services. (g) Tax exempt status (1) In general 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. (2) Contributions to local government The Foundation may, however, in the discretion of the Board of the Foundation— (A) contribute toward the costs of local government in amounts not in excess of those costs that it would be obligated to pay such government if it were not exempt from taxation because of this subsection or because of its status as a charitable and nonprofit corporation; and (B) agree to so contribute property transferred to the Foundation and the income derived from the property if such agreement is a condition of the transfer. (3) Use of the United States 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. (h) Nonliability of the United States The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation. (i) Reports The Foundation shall, as soon as practicable after the end of each fiscal year, prepare and submit to Congress an annual report on its proceedings and activities, including a full and complete statement of its receipts, expenditures, and investments. (j) Initial Funding 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 2027. Such funds shall remain available to the Foundation until they are expended for authorized purposes..