---
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"
date: "2026-07-12"
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 [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/42/2297h.md?p=2), 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](/usc/42/17351.md?p=1) of [Directors](/usc/42/11851.md?p=5) 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 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/42/17351.md?p=2) who shall be responsible for the management of the [Foundation](/usc/42/17351.md?p=3).
  - (2) **Appointment—** The [Chief Executive Officer](/usc/42/17351.md?p=2) shall be appointed by the [Board](/usc/42/17351.md?p=1), 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 security, business, or foreign policy, chosen on the basis of a rigorous search.
  - (3) **Relationship to Board—** The [Chief Executive Officer](/usc/42/17351.md?p=2) shall report to, and be under the direct authority of, the [Board](/usc/42/17351.md?p=1).
  - (4) **Compensation and rank—**
    - (A) **In general—** The [Chief Executive Officer](/usc/42/17351.md?p=2) 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/42/17351.md?p=2) 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/42/17351.md?p=1), the [Chief Executive Officer](/usc/42/17351.md?p=2) 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](/usc/42/17351.md?p=1) of [Directors](/usc/42/11851.md?p=5).
  - (2) **Duties—** The [Board](/usc/42/17351.md?p=1) shall perform the functions specified to be carried out by the [Board](/usc/42/17351.md?p=1) 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/42/17351.md?p=1) 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 (or the [Secretary](/usc/42/17001.md?p=3)’s designee), and the [Administrator](/usc/42/4005.md?p=1) of the United States [Agency](/usc/42/8262.md?p=1) 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 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](/usc/42/17351.md?p=2) of the [Foundation](/usc/42/17351.md?p=3) shall serve as a nonvoting, ex officio member of the [Board](/usc/42/17351.md?p=1).
  - (5) **Terms—**
    - (A) **Officers of the Federal Government—** Each member of the [Board](/usc/42/17351.md?p=1) 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](/usc/42/8262.md?p=1).
    - (B) **Other members—** Each member of the [Board](/usc/42/17351.md?p=1) 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/42/17351.md?p=1) shall be filled in the manner in which the original appointment was made.
    - (D) **Acting members—** A vacancy in the [Board](/usc/42/17351.md?p=1) may be filled with an appointment of an acting member by the Chairperson of the [Board](/usc/42/17351.md?p=1) 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/42/17351.md?p=1). 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/42/17351.md?p=1) described in [paragraph (3)](#c-3) shall constitute a quorum, which, except with respect to a meeting of the [Board](/usc/42/17351.md?p=1) during the 135-day period beginning on December 19, 2007, shall include at least 1 member of the [Board](/usc/42/17351.md?p=1) described in [paragraph (3)(B)](#c-3-B).
  - (8) **Meetings—** The [Board](/usc/42/17351.md?p=1) 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/42/17351.md?p=1) 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/42/17351.md?p=1).
      - (ii) **Travel expenses—** Each such member of the [Board](/usc/42/17351.md?p=1) 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)](#c-9-B-ii), a member of the [Board](/usc/42/17351.md?p=1) described in [paragraph (3)(B)](#c-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](/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/42/17351.md?p=1); 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/42/17351.md?p=1), 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](/usc/42/17351.md?p=1) 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.