Collapse to view only § 17352. Establishment and management of Foundation
- § 17351. Definitions
- § 17352. Establishment and management of Foundation
- § 17353. Duties of Foundation
- § 17354. Annual report
- § 17355. Powers of the Foundation; related provisions
- § 17356. General personnel authorities
- § 17357. Authorization of appropriations
§ 17351. Definitions
In this part:
(1) Board
(2) Chief Executive Officer
(3) Foundation
(Pub. L. 110–140, title IX, § 921, Dec. 19, 2007, 121 Stat. 1732.)
§ 17352. Establishment and management of Foundation
(a) Establishment
(1) In general
(2) Board of Directors
(3) Intent of Congress
(b) Chief Executive Officer
(1) In general
(2) Appointment
(3) Relationship to Board
(4) Compensation and rank
(A) In general
(B) Omitted
(C) Authorities and duties
(D) Authority to appoint officers
(c) Board of Directors
(1) Establishment
(2) Duties
(3) MembershipThe Board shall consist of—
(A) 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
(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
(5) Terms
(A) Officers of the Federal Government
(B) Other members
(C) Vacancies
(D) Acting members
(6) Chairperson
(7) Quorum
(8) Meetings
(9) Compensation
(A) Officers of the Federal Government
(i) In general
(ii) Travel expenses
(B) Other members
(i) In generalExcept 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
(Pub. L. 110–140, title IX, § 922, Dec. 19, 2007, 121 Stat. 1733.)
§ 17353. Duties of Foundation
The Foundation shall—
(1) use the funds authorized by this part to make grants to promote projects outside of the United States that serve as models of how to significantly reduce the emissions of global greenhouse gases through clean and efficient energy technologies, processes, and services;
(2) seek contributions from foreign governments, especially those rich in energy resources such as member countries of the Organization of the Petroleum Exporting Countries, and private organizations to supplement funds made available under this part;
(3) harness global expertise through collaborative partnerships with foreign governments and domestic and foreign private actors, including nongovernmental organizations and private sector companies, by leveraging public and private capital, technology, expertise, and services towards innovative models that can be instituted to reduce global greenhouse gas emissions;
(4) create a repository of information on best practices and lessons learned on the utilization and implementation of clean and efficient energy technologies and processes to be used for future initiatives to tackle the climate change crisis;
(5) be committed to minimizing administrative costs and to maximizing the availability of funds for grants under this part; and
(6) promote the use of American-made clean and efficient energy technologies, processes, and services by giving preference to entities incorporated in the United States and whose technology will be substantially manufactured in the United States.
(Pub. L. 110–140, title IX, § 923, Dec. 19, 2007, 121 Stat. 1735.)
§ 17354. Annual report
(a) Report required
(b) ContentsThe report required by subsection (a) shall include—
(1) the total financial resources available to the Foundation during the year, including appropriated funds, the value and source of any gifts or donations accepted pursuant to section 17355(a)(6) of this title, and any other resources;
(2) a description of the Board’s policy priorities for the year and the basis upon which competitive grant proposals were solicited and awarded to nongovernmental institutions and other organizations;
(3) a list of grants made to nongovernmental institutions and other organizations that includes the identity of the institutional recipient, the dollar amount, and the results of the program; and
(4) the total administrative and operating expenses of the Foundation for the year, as well as specific information on—
(A) the number of Foundation employees and the cost of compensation for Board members, Foundation employees, and personal service contractors;
(B) costs associated with securing the use of real property for carrying out the functions of the Foundation;
(C) total travel expenses incurred by Board members and Foundation employees in connection with Foundation activities; and
(D) total representational expenses.
(Pub. L. 110–140, title IX, § 924, Dec. 19, 2007, 121 Stat. 1736.)
§ 17355. Powers of the Foundation; related provisions
(a) Powers
The Foundation—
(1) shall have perpetual succession unless dissolved by a law enacted after December 19, 2007;
(2) may adopt, alter, and use a seal, which shall be judicially noticed;
(3) may make and perform such contracts, grants, and other agreements with any person or government however designated and wherever situated, as may be necessary for carrying out the functions of the Foundation;
(4) may determine and prescribe the manner in which its obligations shall be incurred and its expenses allowed and paid, including expenses for representation;
(5) may lease, purchase, or otherwise acquire, improve, and use such real property wherever situated, as may be necessary for carrying out the functions of the Foundation;
(6) may accept money, funds, services, or property (real, personal, or mixed), tangible or intangible, made available by gift, bequest 1
1 So in original. A comma probably should appear.
grant, or otherwise for the purpose of carrying out the provisions of this subchapter from domestic or foreign private individuals, charities, nongovernmental organizations, corporations, or governments;(7) may use the United States mails in the same manner and on the same conditions as the executive departments;
(8) may contract with individuals for personal services, who shall not be considered Federal employees for any provision of law administered by the Office of Personnel Management;
(9) may hire or obtain passenger motor vehicles; and
(10) shall have such other powers as may be necessary and incident to carrying out this part.
(b) Principal office
(c) Applicability of Government Corporation Control Act
(1) In general
(2) Omitted
(d) Inspector General
(1) In general
(2) Authority of the Board
(3) Reimbursement and authorization of services
(A) Reimbursement
(B) Authorization for services
(Pub. L. 110–140, title IX, § 925, Dec. 19, 2007, 121 Stat. 1736.)
§ 17356. General personnel authorities
(a) Detail of personnel
(b) Reemployment rights
(1) In general
An employee of an agency who is serving under a career or career conditional appointment (or the equivalent), and who, with the consent of the head of such agency, transfers to the Foundation, is entitled to be reemployed in such employee’s former position or a position of like seniority, status, and pay in such agency, if such employee—
(A) is separated from the Foundation for any reason, other than misconduct, neglect of duty, or malfeasance; and
(B) applies for reemployment not later than 90 days after the date of separation from the Foundation.
(2) Specific rights
(c) Hiring authority
(d) Basic pay
(e) Definitions
In this section—
(1) the term “agency” means an executive agency, as defined by section 105 of title 5; and
(2) the term “detail” means the assignment or loan of an employee, without a change of position, from the agency by which such employee is employed to the Foundation.
(Pub. L. 110–140, title IX, § 926, Dec. 19, 2007, 121 Stat. 1737.)
§ 17357. Authorization of appropriations
(a) Authorization of appropriations
(b) Allocation of funds
(1) In general
(2) Notification
(Pub. L. 110–140, title IX, § 927, Dec. 19, 2007, 121 Stat. 1738.)