124 STAT. 2277 PUBLIC LAW 111–211—JULY 29, 2010 the United States in accordance with the constitution and bylaws of the Foundation. ‘‘(j) SERVICE OF PROCESS.—The Foundation shall comply with the law on service of process of each State in which the Foundation is incorporated and of each State in which the Foundation carries on activities. ‘‘(k) LIABILITY OF OFFICERS, EMPLOYEES, AND AGENTS.— ‘‘(1) IN GENERAL.—The Foundation shall be liable for the acts of the officers, employees, and agents of the Foundation acting within the scope of the authority of the officers, employees, and agents. ‘‘(2) PERSONAL LIABILITY.—A member of the Board shall be personally liable only for gross negligence in the performance of the duties of the member. ‘‘(l) RESTRICTIONS.— ‘‘(1) LIMITATION ON SPENDING.—Beginning with the fiscal year following the first full fiscal year during which the Founda- tion is in operation, the administrative costs of the Foundation shall not exceed the percentage described in paragraph (2) of the sum of— ‘‘(A) the amounts transferred to the Foundation under subsection (n) during the preceding fiscal year; and ‘‘(B) donations received from private sources during the preceding fiscal year. ‘‘(2) PERCENTAGES.—The percentages referred to in para- graph (1) are— ‘‘(A) for the first 2 fiscal years described in that para- graph, 25 percent; ‘‘(B) for the following fiscal year, 20 percent; and ‘‘(C) for each fiscal year thereafter, 15 percent. ‘‘(3) APPOINTMENT AND HIRING.—The appointment of offi- cers and employees of the Foundation shall be subject to the availability of funds. ‘‘(4) STATUS.—A member of the Board or officer, employee, or agent of the Foundation shall not by reason of association with the Foundation be considered to be an officer, employee, or agent of the United States. ‘‘(m) AUDITS.—The Foundation shall comply with section 10101 of title 36, United States Code, as if the Foundation were a corpora- tion under part B of subtitle II of that title. ‘‘(n) FUNDING.—For each of fiscal years 2011 through 2015, out of any unobligated amounts available to the Secretary, the Secretary may use to carry out this section not more than $500,000. ‘‘SEC. 703. ADMINISTRATIVE SERVICES AND SUPPORT. ‘‘(a) PROVISION OF SUPPORT BY SECRETARY.—Subject to sub- section (b), during the 5-year period beginning on the date on which the Foundation is established, the Secretary— ‘‘(1) may provide personnel, facilities, and other administra- tive support services to the Foundation; ‘‘(2) may provide funds for initial operating costs and to reimburse the travel expenses of the members of the Board; and ‘‘(3) shall require and accept reimbursements from the Foundation for— ‘‘(A) services provided under paragraph (1); and ‘‘(B) funds provided under paragraph (2). Time period. 25 USC 458ccc–2.
