Title 42, The Public Health and WelfareRelease 119-110

§17352 Establishment and Management of Foundation

Title 42 › CHAPTER 152 — ENERGY INDEPENDENCE AND SECURITY › SUBCHAPTER VIII — INTERNATIONAL ENERGY PROGRAMS › Part B — International Clean Energy Foundation › § 17352

Last updated Sep 22, 2026|Official source

Summary

Creates a government corporation in the executive branch called the International Clean Energy Foundation. It must work to help U.S. foreign policy and energy security by reducing global greenhouse gas emissions. A Board of Directors will run the Foundation and make its rules. The Board includes the Secretary of State (or a designee), the Secretary of Energy (or a designee), and the USAID Administrator (or a designee), plus four people the President appoints with Senate confirmation. Each of those four must come from lists given by the Majority and Minority Leaders of the House and the Senate (one from each list). The Secretary of State (or designee) is the Chair. The Foundation has a Chief Executive Officer who is chosen by the Board with Senate approval, must be a recognized leader in clean energy and climate, reports to the Board, and serves as a nonvoting, ex officio Board member. The CEO is paid at level III of the Executive Schedule under section 5314 of title 5 and, with Board approval, hires Foundation officers. Federal officer Board members serve while they hold their federal jobs. The four appointed members serve 3-year terms and may be reappointed for another 3 years. Vacancies are filled the same way as the original appointment, and the Chair may name an acting member for up to 1 year. A majority of Board members is a quorum, normally including at least one appointed member except during the 135-day period beginning on December 19, 2007. The Board must meet at least once a year. Federal officer members get no extra pay but do get travel expenses under subchapter I of chapter 57 of title 5. The other members get daily pay at the highest rate under section 5332 of title 5 and travel pay, but not for more than 90 days in any calendar year.

Full Legal Text

Title 42, §17352

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Establishment
(1)In general
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.
(2)Board of Directors
The Foundation shall be governed by a Board of Directors in accordance with subsection (c).
(3)Intent of Congress
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.
(b)Chief Executive Officer
(1)In general
There shall be in the Foundation a Chief Executive Officer who shall be responsible for the management of the Foundation.
(2)Appointment
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.
(3)Relationship to Board
The Chief Executive Officer shall report to, and be under the direct authority of, the Board.
(4)Compensation and rank
(A)In general
The Chief Executive Officer shall be compensated at the rate provided for level III of the Executive Schedule under section 5314 of title 5.
(B)Omitted
(C)Authorities and duties
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.
(D)Authority to appoint officers
In consultation and with approval of the Board, the Chief Executive Officer shall appoint all officers of the Foundation.
(c)Board of Directors
(1)Establishment
There shall be in the Foundation a Board of Directors.
(2)Duties
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.
(3)Membership
The Board shall consist of— (A)
(B)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—
(i)one individual shall be appointed from among a list of individuals submitted by the Majority Leader of the House of Representatives;
(ii)one individual shall be appointed from among a list of individuals submitted by the Minority Leader of the House of Representatives;
(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 Leader of the Senate.
(4)Chief Executive Officer
The Chief Executive Officer of the Foundation shall serve as a nonvoting, ex officio member of the Board.
(5)Terms
(A)Officers of the Federal Government
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.
(B)Other members
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.
(C)Vacancies
A vacancy in the Board shall be filled in the manner in which the original appointment was made.
(D)Acting members
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).
(6)Chairperson
There shall be a Chairperson of the Board. The Secretary of State (or the Secretary’s designee) shall serve as the Chairperson.
(7)Quorum
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).
(8)Meetings
The Board 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 described in paragraph (3)(A) may not receive additional pay, allowances, or benefits by reason of the member’s service on the Board.
(ii)Travel expenses
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.
(B)Other members
(i)In general
Except as provided in clause (ii), a member of the Board described in paragraph (3)(B)—
(I)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
(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, 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.
(ii)Limitation
A member of the Board may not be paid compensation under clause (i)(II) for more than 90 days in any calendar year.

Legislative History

Notes & Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 17352

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110