§10603 Governance of the Foundation

Summary

Creates an Executive Director to run the Foundation and who answers to the Board. The Board runs the Foundation, makes rules and bylaws, and sets priorities. It includes the Secretary, the USAID Administrator, the Interior Secretary, the Chief of the Forest Service, one other federal agency head chosen by the Secretary (or their Senate-confirmed designees), plus 8 people appointed by the Secretary after consulting Congress and the other Board members. Of those 8 appointees, 4 must be private donors and 4 must be independent experts. Appointees serve up to 5 years. The Board elects a Chair for 2 years. A majority of members, including the Secretary or a designee, is needed to act. The Board must meet at least once a year, and the Secretary of State must call the first meeting within 60 days after the Board is set up. Missing 3 regular meetings can lead to removal. Board members are unpaid but can get travel and meal costs back under set per diem rules; foreign travel reimbursements require at least 2 members to have traveled and must be economy class. The Board must write bylaws that say what the Executive Director does, how leaders and staff are chosen, rules on donations and ending the Foundation, strong ethics and conflict rules, partner vetting, and clawback rules. Staff and officers cannot be federal employees, cannot work for groups tied to Foundation grantees while employed, and cannot be paid elsewhere for Foundation work. Salaries should not exceed the top pay rate for level I of the Executive Schedule (section 5312 of title 5). The Foundation may not lobby or take part in political campaigns. Board members, officers, or staff with financial, business, or family ties to an applicant must recuse themselves. People or groups tied to current Board members, or to former Board members within 5 years after they leave, cannot get Foundation support.