42 U.S.C. § 17355 — Powers of the Foundation; related provi-

Page 9040 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17354 1 So in original. A comma probably should appear. 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 utiliza- tion 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 administra- tive 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.) 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. § 17354. Annual report (a) Report required Not later than March 31, 2008, and each March 31 thereafter, the Foundation shall submit to the appropriate congressional committees a re- port on the implementation of this part during the prior fiscal year. (b) Contents The report required by subsection (a) shall in- clude— (1) the total financial resources available to the Foundation during the year, including ap- propriated funds, the value and source of any gifts or donations accepted pursuant to sec- tion 17355(a)(6) of this title, and any other re- sources; (2) a description of the Board’s policy prior- ities 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 in- cludes the identity of the institutional recipi- ent, 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 per- sonal service contractors; (B) costs associated with securing the use of real property for carrying out the func- tions of the Foundation; (C) total travel expenses incurred by Board members and Foundation employees in con- nection with Foundation activities; and (D) total representational expenses. (Pub. L. 110–140, title IX, § 924, Dec. 19, 2007, 121 Stat. 1736.) 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. § 17355. Powers of the Foundation; related provi- sions (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 wher- ever situated, as may be necessary for car- rying 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 ex- penses for representation; (5) may lease, purchase, or otherwise ac- quire, 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 grant, or otherwise for the purpose of carrying out the provisions of this subchapter from do- mestic or foreign private individuals, char- ities, nongovernmental organizations, cor- porations, 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 per- sonal services, who shall not be considered Federal employees for any provision of law ad- ministered by the Office of Personnel Manage- ment; (9) may hire or obtain passenger motor vehi- cles; and (10) shall have such other powers as may be necessary and incident to carrying out this part. (b) Principal office The Foundation shall maintain its principal office in the metropolitan area of Washington, District of Columbia. (c) Applicability of Government Corporation Control Act (1) In general The Foundation shall be subject to chapter 91 of subtitle VI of title 31, except that the Foundation shall not be authorized to issue obligations or offer obligations to the public. (2) Omitted (d) Inspector General (1) In general The Inspector General of the Department of State shall serve as Inspector General of the Page 9041 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 17357 Foundation, and, in acting in such capacity, may conduct reviews, investigations, and in- spections of all aspects of the operations and activities of the Foundation. (2) Authority of the Board In carrying out the responsibilities under this subsection, the Inspector General shall re- port to and be under the general supervision of the Board. (3) Reimbursement and authorization of serv- ices (A) Reimbursement The Foundation shall reimburse the De- partment of State for all expenses incurred by the Inspector General in connection with the Inspector General’s responsibilities under this subsection. (B) Authorization for services Of the amount authorized to be appro- priated under section 17357(a) of this title for a fiscal year, up to $500,000 is authorized to be made available to the Inspector General of the Department of State to conduct re- views, investigations, and inspections of op- erations and activities of the Foundation. (Pub. L. 110–140, title IX, § 925, Dec. 19, 2007, 121 Stat. 1736.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsec. (a)(6), was in the original ‘‘this title’’, meaning title IX of Pub. L. 110–140, Dec. 19, 2007, 121 Stat. 1725, which enacted this subchapter and amended section 5314 of Title 5, Govern- ment Organization and Employees, section 9101 of Title 31, Money and Finance, and section 3021 of Title 50, War and National Defense. For complete classification of title IX to the Code, see Tables. CODIFICATION Section is comprised of section 925 of Pub. L. 110–140. Subsec. (c)(2) of section 925 of Pub. L. 110–140 amended section 9101 of Title 31, Money and Finance. 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. § 17356. General personnel authorities (a) Detail of personnel Upon request of the Chief Executive Officer, the head of an agency may detail any employee of such agency to the Foundation on a reimburs- able basis. Any employee so detailed remains, for the purpose of preserving such employee’s al- lowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed. (b) Reemployment rights (1) In general An employee of an agency who is serving under a career or career conditional appoint- ment (or the equivalent), and who, with the consent of the head of such agency, transfers to the Foundation, is entitled to be reem- ployed 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 An employee who satisfies paragraph (1) is entitled to be reemployed (in accordance with such paragraph) within 30 days after applying for reemployment and, on reemployment, is entitled to at least the rate of basic pay to which such employee would have been entitled had such employee never transferred. (c) Hiring authority Of persons employed by the Foundation, no more than 30 persons may be appointed, com- pensated, or removed without regard to the civil service laws and regulations. (d) Basic pay The Chief Executive Officer may fix the rate of basic pay of employees of the Foundation with- out regard to the provisions of chapter 51 of title 5 (relating to the classification of positions), subchapter III of chapter 53 of such title (relat- ing to General Schedule pay rates), except that no employee of the Foundation may receive a rate of basic pay that exceeds the rate for level IV of the Executive Schedule under section 5315 of such title. (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 em- ployee is employed to the Foundation. (Pub. L. 110–140, title IX, § 926, Dec. 19, 2007, 121 Stat. 1737.) 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. § 17357. Authorization of appropriations (a) Authorization of appropriations To carry out this part, there are authorized to be appropriated $20,000,000 for each of the fiscal years 2009 through 2013. (b) Allocation of funds (1) In general The Foundation may allocate or transfer to any agency of the United States Government any of the funds available for carrying out this part. Such funds shall be available for obliga- tion and expenditure for the purposes for which the funds were authorized, in accord- ance with authority granted in this part or under authority governing the activities of