---
kind: "section"
citation: "42 U.S.C. § 17352"
title: "42"
title_heading: "The Public Health and Welfare"
number: "17352"
heading: "Establishment and management of Foundation"
release: "119-102"
url: "https://uscodex.org/usc/42/17352"
units:
  - "Chapter 152 — Energy Independence and Security"
  - "Subchapter VIII — International Energy Programs"
  - "Part B — International Clean Energy Foundation"
---

# §17352. Establishment and management of Foundation

- (a) **Establishment—**
  - (1) **In general—** There is established in the executive branch a [foundation](/usc/42/17351.md?p=3) to be known as the “International Clean [Energy](/usc/42/6311.md?p=7) [Foundation](/usc/42/17351.md?p=3)” that shall be responsible for carrying out the provisions of this part. The [Foundation](/usc/42/17351.md?p=3) shall be a government [corporation](/usc/42/2296b–7.md?p=1), as defined in [section 103 of title 5](/usc/5/103.md).
  - (2) **Board of Directors—** The [Foundation](/usc/42/17351.md?p=3) shall be governed by a [Board of Directors](/usc/42/12854.md?p=1) in accordance with [subsection (c)](#c).
  - (3) **Intent of Congress—** It is the intent of Congress, in establishing the structure of the [Foundation](/usc/42/17351.md?p=3) set forth in this subsection, to create an entity that serves the long-term foreign policy and [energy](/usc/42/6311.md?p=7) security goals of reducing global [greenhouse gas](/usc/42/17321.md?p=3) emissions.
- (b) **Chief Executive Officer—**
  - (1) **In general—** There shall be in the [Foundation](/usc/42/17351.md?p=3) a [Chief Executive Officer](/usc/42/12511.md?p=9) who shall be responsible for the management of the [Foundation](/usc/42/17351.md?p=3).
  - (2) **Appointment—** The [Chief Executive Officer](/usc/42/12511.md?p=9) shall be appointed by the [Board](/usc/42/10261.md?p=2), with the advice and consent of the Senate, and shall be a recognized leader in [clean and efficient energy technologies](/usc/42/17321.md?p=2) and climate change and shall have experience in [energy](/usc/42/6311.md?p=7) security, business, or foreign policy, chosen on the basis of a rigorous search.
  - (3) **Relationship to Board—** The [Chief Executive Officer](/usc/42/12511.md?p=9) shall report to, and be under the direct authority of, the [Board](/usc/42/10261.md?p=2).
  - (4) **Compensation and rank—**
    - (A) **In general—** The [Chief Executive Officer](/usc/42/12511.md?p=9) shall be compensated at the rate provided for level III of the Executive Schedule under [section 5314 of title 5](/usc/5/5314.md).
    - (B) **Omitted—**
    - (C) **Authorities and duties—** The [Chief Executive Officer](/usc/42/12511.md?p=9) shall be responsible for the management of the [Foundation](/usc/42/17351.md?p=3) and shall exercise the powers and discharge the duties of the [Foundation](/usc/42/17351.md?p=3).
    - (D) **Authority to appoint officers—** In consultation and with approval of the [Board](/usc/42/10261.md?p=2), the [Chief Executive Officer](/usc/42/12511.md?p=9) shall appoint all officers of the [Foundation](/usc/42/17351.md?p=3).
- (c) **Board of Directors—**
  - (1) **Establishment—** There shall be in the [Foundation](/usc/42/17351.md?p=3) a [Board of Directors](/usc/42/12854.md?p=1).
  - (2) **Duties—** The [Board](/usc/42/10261.md?p=2) shall perform the functions specified to be carried out by the [Board](/usc/42/10261.md?p=2) in this part and may prescribe, amend, and repeal bylaws, rules, regulations, and procedures governing the manner in which the business of the [Foundation](/usc/42/17351.md?p=3) may be conducted and in which the powers granted to it by law may be exercised.
  - (3) **Membership—** The [Board](/usc/42/10261.md?p=2) shall consist of—
    - (A) the Secretary of State (or the [Secretary](/usc/42/17001.md?p=3)’s designee), the [Secretary](/usc/42/17001.md?p=3) of [Energy](/usc/42/6311.md?p=7) (or the [Secretary](/usc/42/17001.md?p=3)’s designee), and the [Administrator](/usc/42/4005.md?p=1) of the [United States](/usc/42/403.md?p=k) Agency for International Development (or the [Administrator](/usc/42/4005.md?p=1)’s designee); and
    - (B) four other individuals with relevant experience in matters relating to [energy](/usc/42/6311.md?p=7) security (such as individuals who represent institutions of [energy](/usc/42/6311.md?p=7) policy, business organizations, foreign policy organizations, or other relevant organizations) who shall be appointed by the President, by and with the advice and consent of the Senate, of whom—
      - (i) one individual shall be appointed from among a list of individuals submitted by the Majority Leader of the House of [Representatives](/usc/42/3058f.md?p=5);
      - (ii) one individual shall be appointed from among a list of individuals submitted by the [Minority](/usc/42/299a–1.md?p=d-2) Leader of the House of [Representatives](/usc/42/3058f.md?p=5);
      - (iii) one individual shall be appointed from among a list of individuals submitted by the Majority Leader of the Senate; and
      - (iv) one individual shall be appointed from among a list of individuals submitted by the [Minority](/usc/42/299a–1.md?p=d-2) Leader of the Senate.
  - (4) **Chief Executive Officer—** The [Chief Executive Officer](/usc/42/12511.md?p=9) of the [Foundation](/usc/42/17351.md?p=3) shall serve as a nonvoting, ex officio member of the [Board](/usc/42/10261.md?p=2).
  - (5) **Terms—**
    - (A) **Officers of the Federal Government—** Each member of the [Board](/usc/42/10261.md?p=2) described in [paragraph (3)(A)](#c-3-A) shall serve for a term that is concurrent with the term of service of the individual’s position as an officer within the other Federal [department](/usc/42/17001.md?p=1) or agency.
    - (B) **Other members—** Each member of the [Board](/usc/42/10261.md?p=2) described in [paragraph (3)(B)](#c-3-B) shall be appointed for a term of 3 years and may be reappointed for a term of an additional 3 years.
    - (C) **Vacancies—** A vacancy in the [Board](/usc/42/10261.md?p=2) shall be filled in the manner in which the original appointment was made.
    - (D) **Acting members—** A vacancy in the [Board](/usc/42/10261.md?p=2) may be filled with an appointment of an acting member by the Chairperson of the [Board](/usc/42/10261.md?p=2) for up to 1 year while a nominee is named and awaits confirmation in accordance with [paragraph (3)(B)](#c-3-B).
  - (6) **Chairperson—** There shall be a Chairperson of the [Board](/usc/42/10261.md?p=2). The Secretary of State (or the [Secretary](/usc/42/17001.md?p=3)’s designee) shall serve as the Chairperson.
  - (7) **Quorum—** A majority of the members of the [Board](/usc/42/10261.md?p=2) described in [paragraph (3)](#c-3) shall constitute a quorum, which, except with respect to a meeting of the [Board](/usc/42/10261.md?p=2) during the 135-day period beginning on December 19, 2007, shall include at least 1 member of the [Board](/usc/42/10261.md?p=2) described in [paragraph (3)(B)](#c-3-B).
  - (8) **Meetings—** The [Board](/usc/42/10261.md?p=2) shall meet at the call of the Chairperson, who shall call a meeting no less than once a year.
  - (9) **Compensation—**
    - (A) **Officers of the Federal Government—**
      - (i) **In general—** A member of the [Board](/usc/42/10261.md?p=2) described in [paragraph (3)(A)](#c-3-A) may not receive additional pay, allowances, or benefits by reason of the member’s service on the [Board](/usc/42/10261.md?p=2).
      - (ii) **Travel expenses—** Each such member of the [Board](/usc/42/10261.md?p=2) shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of [chapter 57](/usc/5/chptIII-sptD-ch57.md) of title 5.
    - (B) **Other members—**
      - (i) **In general—** Except as provided in [clause (ii)](#c-9-B-ii), a member of the [Board](/usc/42/10261.md?p=2) described in [paragraph (3)(B)](#c-3-B)—
        - (I) shall be paid compensation out of [funds](/usc/42/12854.md?p=3) made available for the purposes of this part at the daily equivalent of the highest rate payable under [section 5332 of title 5](/usc/5/5332.md) for each day (including travel time) during which the member is engaged in the actual performance of duties as a member of the [Board](/usc/42/10261.md?p=2); and
        - (II) while away from the member’s home or regular place of business on necessary travel in the actual performance of duties as a member of the [Board](/usc/42/10261.md?p=2), shall be paid per diem, travel, and transportation expenses in the same manner as is provided under subchapter I of [chapter 57](/usc/5/chptIII-sptD-ch57.md) of title 5.
      - (ii) **Limitation—** A member of the [Board](/usc/42/10261.md?p=2) may not be paid compensation under [clause (i)(II)](#c-9-B-i-II) for more than 90 days in any calendar year.

## Source credit

(Pub. L. 110–140, title IX, § 922, Dec. 19, 2007, 121 Stat. 1733.)

## Notes

### Editorial Notes

### Codification

Section is comprised of section 922 of Pub. L. 110–140. Subsec. (b)(4)(B) of section 922 of Pub. L. 110–140 amended section 5314 of Title 5, Government Organization and Employees.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.