42 U.S.C. § 17352 — Establishment and management of Foundation
submitted 19 years ago by Pub. L. 110-140 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,029 words · no verdicts yet
This section establishes the International Clean Energy Foundation as a Government corporation governed by a board and managed by a Senate-confirmed CEO. It sets the board’s membership, terms, quorum, meetings, and compensation.
(a) Establishment. (1) The executive branch has an International Clean Energy Foundation* responsible for this part; it is a Government corporation as defined in section 103 of title 5. (2) A Board* of Directors governs it under subsection (c). (3) Congress intends the structure to serve long-term foreign-policy and energy-security goals by reducing global greenhouse-gas emissions. (b) CEO. (1) The Foundation has a CEO responsible for management. (2) The Board appoints the CEO with Senate advice and consent. The CEO must be a recognized leader in clean and efficient energy and climate change, have energy-security, business, or foreign-policy experience, and be selected after a rigorous search. (3) The CEO reports to and is directly controlled by the Board. (4)(A) The CEO receives Level III Executive Schedule pay. (B) Omitted. (C) The CEO manages the Foundation, exercises its powers, and performs its duties. (D) After consulting the Board and obtaining its approval, the CEO appoints all Foundation officers. (c) Board. (1) The Foundation has a Board. (2) It performs Board functions under this part and may issue, amend, or repeal bylaws, rules, regulations, and procedures for Foundation business and legal powers. (3) It consists of the State* Secretary*, Energy Secretary, and USAID Administrator* or their designees, plus four energy-security-experienced people appointed by the President with Senate advice and consent. One must come from lists submitted by each House Majority Leader, House Minority Leader, Senate Majority Leader, and Senate Minority Leader. (4) The CEO is a nonvoting ex officio Board member. (5)(A) Federal officers serve while they hold their Federal positions. (B) The other members serve three years and may be reappointed once for three more years. (C) Vacancies are filled as the original appointment was made. (D) The Board chair may appoint an acting member for up to one year while a nominee awaits confirmation. (6) The State Secretary or designee chairs the Board. (7) A majority of the paragraph (3) members is a quorum, except that during the first 135 days after December 19, 2007, no outside member is required. (8) The chair must call a meeting at least once each year. (9)(A) Federal members get no extra pay, allowances, or benefits, but receive covered travel expenses and per diem. (B)(i) Other members receive the daily equivalent of the highest section 5332 title 5 rate for each duty day, including travel time, and covered per diem, travel, and transportation expenses. (ii) Compensation under clause (i)(II) may not be paid for more than 90 days in a calendar year.
There is established in the executive branch a foundation* to be known as the “International Clean Energy Foundation” that shall be responsible for carrying out the provisions of this part. The Foundation shall be a government corporation, as defined in section 103 of title 5.
The Foundation shall be governed by a Board of Directors in accordance with subsection (c).
It is the intent of Congress, in establishing the structure of the Foundation set forth in this subsection, to create an entity that serves the long-term foreign policy and energy security goals of reducing global greenhouse gas* emissions.
There shall be in the Foundation a Chief Executive Officer who shall be responsible for the management of the Foundation.
The Chief Executive Officer shall be appointed by the Board, with the advice and consent of the Senate, and shall be a recognized leader in clean and efficient energy technologies and climate change and shall have experience in energy security, business, or foreign policy, chosen on the basis of a rigorous search.
The Chief Executive Officer shall report to, and be under the direct authority of, the Board.
The Chief Executive Officer shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5.
The Chief Executive Officer shall be responsible for the management of the Foundation and shall exercise the powers and discharge the duties of the Foundation.
In consultation and with approval of the Board, the Chief Executive Officer shall appoint all officers of the Foundation.
There shall be in the Foundation a Board of Directors.
The Board shall perform the functions specified to be carried out by the Board in this part and may prescribe, amend, and repeal bylaws, rules, regulations, and procedures governing the manner in which the business of the Foundation may be conducted and in which the powers granted to it by law may be exercised.
The Board shall consist of—
the Secretary* of State* (or the Secretary’s designee), the Secretary of Energy (or the Secretary’s designee), and the Administrator* of the United States Agency for International Development (or the Administrator’s designee); and
four other individuals with relevant experience in matters relating to energy security (such as individuals who represent institutions of energy 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—
one individual shall be appointed from among a list of individuals submitted by the Majority Leader of the House of Representatives;
one individual shall be appointed from among a list of individuals submitted by the Minority Leader of the House of Representatives;
one individual shall be appointed from among a list of individuals submitted by the Majority Leader of the Senate; and
one individual shall be appointed from among a list of individuals submitted by the Minority Leader of the Senate.
The Chief Executive Officer of the Foundation shall serve as a nonvoting, ex officio member of the Board.
Each member of the Board described in paragraph (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 or agency.
Each member of the Board described in paragraph (3)(B) shall be appointed for a term of 3 years and may be reappointed for a term of an additional 3 years.
A vacancy in the Board shall be filled in the manner in which the original appointment was made.
A vacancy in the Board may be filled with an appointment of an acting member by the Chairperson of the Board for up to 1 year while a nominee is named and awaits confirmation in accordance with paragraph (3)(B).
There shall be a Chairperson of the Board. The Secretary of State (or the Secretary’s designee) shall serve as the Chairperson.
A majority of the members of the Board described in paragraph (3) shall constitute a quorum, which, except with respect to a meeting of the Board during the 135-day period beginning on December 19, 2007, shall include at least 1 member of the Board described in paragraph (3)(B).
The Board shall meet at the call of the Chairperson, who shall call a meeting no less than once a year.
A member of the Board described in paragraph (3)(A) may not receive additional pay, allowances, or benefits by reason of the member’s service on the Board.
Each such member of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5.
Except as provided in clause (ii), a member of the Board described in paragraph (3)(B)—
shall be paid compensation out of funds made available for the purposes of this part at the daily equivalent of the highest rate payable under section 5332 of title 5 for each day (including travel time) during which the member is engaged in the actual performance of duties as a member of the Board; and
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, shall be paid per diem, travel, and transportation expenses in the same manner as is provided under subchapter I of chapter 57 of title 5.
A member of the Board may not be paid compensation under clause (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.)
- 2007Enacted · Pub. L. 110-140 · 121 Stat. 1733
A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-140 on 2007-12-19.
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