Structure of Corporation
There shall be in the Corporation a Board of Directors (in this chapter referred to as the “Board”), a Chief Executive Officer, a Deputy Chief Executive Officer, a Chief Risk Officer, a Chief Development Officer, a Chief Strategic Officer, and such other officers as the Board may determine.
Board of Directors
Duties
Membership of Board
In general
Officers specified
In general
Requirements for designees
Requirements for nongovernment members
Chairperson
The Secretary of State, or the designee of the Secretary under paragraph (2)(B)(i)(I), shall serve as the Chairperson of the Board.
Vice chairperson
The Administrator of the United States Agency for International Development, or the designee of the Administrator under paragraph (2)(B)(i)(II), shall serve as the Vice Chairperson of the Board.
Quorum
Five members of the Board shall constitute a quorum for the transaction of business by the Board.
Sunshine act compliance
section 552b of title 5Meetings of the Board are subject to (commonly referred to as the “Government in the Sunshine Act”).
Public hearings
Chief Executive Officer
Appointment
There shall be in the Corporation a Chief Executive Officer, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall serve at the pleasure of the President.
Authorities and duties
The Chief Executive Officer shall be responsible for the management of the Corporation and shall exercise the powers and discharge the duties of the Corporation subject to the bylaws, rules, regulations, and procedures established by the Board.
Relationship to board
Omitted
Deputy Chief Executive Officer
There shall be in the Corporation a Deputy Chief Executive Officer, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall serve at the pleasure of the President.
Chief Risk Officer
Appointment
Subject to the approval of the Board, the Chief Executive Officer of the Corporation shall appoint a Chief Risk Officer, from among individuals with experience at a senior level in financial risk management, who shall be removable only by a majority vote of the Board.
Duties and responsibilities
Chief Development Officer
Appointment
Duties and responsibilities
Chief Strategic Officer
Appointment
Duties and responsibilities
Officers and employees
In general
Except as otherwise provided in this section, officers, employees, and agents shall be selected and appointed by, or under the authority of, the Chief Executive Officer, and shall be vested with such powers and duties as the Chief Executive Officer may determine.
Administratively determined employees
Appointment; compensation; removal
Reinstatement
Under such regulations as the President may prescribe, officers and employees appointed to a position under subparagraph (A) may be entitled, upon removal from such position (unless the removal was for cause), to reinstatement to the position occupied at the time of appointment or to a position of comparable grade and salary.
Additional positions
section 5108 of title 5Positions authorized by subparagraph (A) shall be in addition to those otherwise authorized by law, including positions authorized under .
Rates of pay for officers and employees
The Corporation may set and adjust rates of basic pay for officers and employees appointed under subparagraph (A) without regard to the provisions of chapter 51 or subchapter III of chapter 53 of title 5, relating to classification of positions and General Schedule pay rates, respectively, provided that no such officer or employee may be compensated at a rate exceeding level II of the Executive Schedule.
Liability of employees
In general
An individual who is a member of the Board or an officer or employee of the Corporation has no liability under this chapter with respect to any claim arising out of or resulting from any act or omission by the individual within the scope of the employment of the individual in connection with any transaction by the Corporation.
Rule of construction
Subparagraph (A) shall not be construed to limit personal liability of an individual for criminal acts or omissions, willful or malicious misconduct, acts or omissions for private gain, or any other acts or omissions outside the scope of the individual’s employment.
Conflicts of interest
The Corporation shall establish and publish procedures for avoiding conflicts of interest on the part of officers and employees of the Corporation and members of the Development Advisory Council established under subsection (j).
Savings provision
Development Advisory Council
In general
There is established a Development Finance Advisory Council (in this subsection referred to as the “Council”) that shall advise the Board and the Congressional Strategic Advisory Group established by subsection (k) on the development priorities and objectives of the Corporation.
Membership
Members of the Council shall be appointed by the Board, on the recommendation of the Chief Executive Officer, and shall be composed of not more than 9 members broadly representative of nongovernmental organizations, think tanks, advocacy organizations, foundations, private industry, and other institutions engaged in international development and international development finance, of whom not fewer than 5 members shall be experts from the international development sector.
Functions
The Board shall call upon members of the Council, either collectively or individually, to advise the Board regarding the extent to which the Corporation is meeting its development mandate and any suggestions for improvements in with respect to meeting that mandate, including opportunities in countries and project development and implementation challenges and opportunities.
Board meetings
The Board shall meet with the Council at least twice each year and engage directly with the Board on its recommendations to improve the policies and practices of the Corporation to achieve the development priorities and objectives of the Corporation.
Administration
Federal Advisory Committee Act
2
Congressional Strategic Advisory Group
Establishment
section 1105 of title 31Not later than 90 days after , there shall be established a Congressional Strategic Advisory Group (referred to in this subsection as the “Group”), which shall meet not less frequently than annually, including after the budget of the President submitted under for a fiscal year.
Composition
Strategic Advisors of the Senate and the House of Representatives
Strategic Advisors of the Senate
Establishment
There is established a group to be known as the “Strategic Advisors of the Senate”.
Composition
Strategic Advisors of the House of Representatives
Establishment
There is established a group to be known as the “Strategic Advisors of the House of Representatives”.
Composition
Objectives
Meetings
Times
The chair and the vice-chair of the Strategic Advisors of the Senate and the chair and the vice-chair of the Strategic Advisors of the House of Representatives, in coordination with the Chief Executive Officer, shall determine the meeting times of the Group, which may be arranged separately or on a bicameral basis by agreement.
Agenda
Not later than 7 days before each meeting of the Group, the Chief Executive Officer shall submit a proposed agenda for discussion to the chair and the vice-chair of each strategic advisory group referred to in subparagraph (A).
Questions
To ensure a robust flow of information, members of the Group may submit questions for consideration before any meeting. A question submitted orally or in writing shall receive a response not later than 15 days after the conclusion of the first meeting convened wherein such question was asked or submitted in writing.
Classified setting
At the request of the Chief Executive Officer or the chair and vice-chair of a strategic advisory group established under paragraph (3), business of the Group may be conducted in a classified setting, including for the purpose of protecting business confidential information and to discuss sensitive information with respect to foreign competitors.
Strategic priorities plan
Plan required
Evaluations
Revisions
At any time during the relevant period, the Chief Executive Officer may request to convene a meeting of the Congressional Strategic Advisory Group for the purpose of discussing revisions to the Strategic Priorities Plan.
Transparency
Report on the feasibility of establishing a development finance education program at the Foreign Service Institute
In general
Not later than 1 year after , the Secretary of State, acting through the Director of the Foreign Service Institute and in collaboration with the Chief Executive Officer of the Corporation, shall conduct a review of and submit to the appropriate congressional committees a report on the utility of establishing elective training classes or programs on development finance within the School of Professional and Area Studies for all levels of the foreign service.
Elements
Internships
In general
The Chief Executive Officer shall establish the Development Finance Corporation Student Internship Program (referred to in this subsection as the “Program”) to offer internship opportunities at the Corporation to eligible individuals to provide important professional development and work experience opportunities and raise awareness among future development and international finance professionals of the career opportunities at the Corporation and to supply important human capital for the implementation of the Corporation’s critically important development finance tools.
Eligibility
Selection
The Chief Executive Officer shall establish selection criteria for individuals to be admitted into the Program that includes a demonstrated interest in a career in international relations and international economic development policy.
Compensation
Housing assistance
The Chief Executive Officer may provide housing assistance to an eligible individual participating in the Program whose permanent address is within the United States if the location of the internship in which such individual is participating is more than 50 miles away from such individual’s permanent address.
Travel assistance
Voluntary participation
In general
Nothing in this section may be construed to compel any individual who is a participant in an internship program of the Corporation to participate in the collection of the data or divulge any personal information. Such individuals shall be informed that any participation in data collection under this subsection is voluntary.
Privacy protection
Any data collected under this subsection shall be subject to the relevant privacy protection statutes and regulations applicable to Federal employees.
Special hiring authority
Availability of appropriations
section 9634 of this titleInternships offered and compensated by the Corporation under this subsection shall be funded solely by available amounts appropriated after , to the Corporate Capital Account established under .
Pub. L. 115–254, div. F, title I, § 1413132 Stat. 3487Pub. L. 119–60, div. H, title LXXXVII139 Stat. 1949(, , ; , §§ 8721—8730(a), 8731, 8732, , —1959.)
Editorial Notes
References in Text
Pub. L. 115–254132 Stat. 3485section 9601 of this titleThis chapter, referred to in subsecs. (a), (b)(1)(A), and (c)(1)(A), was in the original “this division”, meaning division F of , , , which is classified principally to this chapter. For complete classification of division F to the Code, see Short Title note set out under and Tables.
Pub. L. 92–46386 Stat. 770Pub. L. 117–286136 Stat. 4197section 101 of Title 5The Federal Advisory Committee Act, referred to in subsec. (j)(6), is , , , which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by , §§ 3(a), 7, , , 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding .
Codification
section 1413 of Pub. L. 115–254section 1413 of Pub. L. 115–254section 5313 of Title 5Section is comprised of . Par. (4) of subsec. (d) of amended , Government Organization and Employees.
Amendments
Pub. L. 119–60, § 87212025—Subsec. (a). , inserted “a Chief Strategic Officer,” after “Chief Development Officer,”.
Pub. L. 119–60, § 8722(1)(A)Subsec. (b)(2)(A)(iii). , substituted “3 individuals” for “5 individuals” wherever appearing.
Pub. L. 119–60, § 8722(1)(B)Subsec. (b)(6). , added par. (6).
Pub. L. 119–60, § 8722(2)Subsec. (c). , added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: “The Board shall hold at least 2 public hearings each year in order to afford an opportunity for any person to present views with respect to whether—
“(1) the Corporation is carrying out its activities in accordance with this chapter; and
“(2) any support provided by the Corporation under subchapter II of this chapter in any country should be suspended, expanded, or extended.”
Pub. L. 119–60, § 8723Subsec. (d)(3). , amended subsec. (d)(3) generally. Prior to amendment, text read as follows: “The Chief Executive Officer shall report to and be under the direct authority of the Board.”
Pub. L. 119–60, § 8724(1)Subsec. (f)(1). , substituted “who shall be removable only by a majority vote of the Board.” for “who—” and struck out former subpars. (A) and (B) which read as follows:
“(A) shall report directly to the Board; and
“(B) shall be removable only by a majority vote of the Board.”
Pub. L. 119–60, § 8724(2)section 9651 of this titleSubsec. (f)(2). , added par. (2) and struck out former par. (2). Prior to amendment, text read as follows: “The Chief Risk Officer shall, in coordination with the audit committee of the Board established under , develop, implement, and manage a comprehensive process for identifying, assessing, monitoring, and limiting risks to the Corporation, including the overall portfolio diversification of the Corporation.”
Pub. L. 119–60, § 8725(1)(A)Subsec. (g)(1). , substituted “The” for “Subject to the approval of the Board, the” and “in international development and development finance” for “in development” in introductory provisions.
Pub. L. 119–60, § 8725(1)(B)Subsec. (g)(1)(A). , substituted “the Chief Executive Officer” for “the Board”.
Pub. L. 119–60, § 8725(2)(A)Subsec. (g)(2). , inserted “and responsibilities” after “Duties” in heading.
Pub. L. 119–60, § 8725(2)(B)Subsec. (g)(2)(A) to (D). , (C), added subpars. (A) to (D), redesignated former subpar. (A) as (E), and struck out former subpars. (B) to (D) which read as follows:
“(B) under the guidance of the Chief Executive Officer, manage employees of the Corporation that are dedicated to structuring, monitoring, and evaluating transactions and projects co-designed with the United States Agency for International Development and other relevant United States Government departments and agencies;
“(C) authorize and coordinate transfers of funds or other resources to and from such agencies, departments, or missions upon the concurrence of those institutions in support of the Corporation’s projects or activities;
section 9652(b) of this titlesection 9653(b) of this title“(D) manage the responsibilities of the Corporation under paragraphs (1) and (4) of and paragraphs (1)(A) and (3)(A) of ;”.
Pub. L. 119–60, § 8725(2)(D)Subsec. (g)(2)(E). , substituted “support—” for “coordinate” and “Federal departments and agencies, including by directly liaising with the relevant members of United States country teams serving overseas, to ensure that such Federal departments, agencies, and country teams have the training and awareness necessary to fully leverage the Corporation’s development tools overseas;” for “United States Government departments and agencies, including directly liaising with missions of the United States Agency for International Development, to ensure that departments, agencies, and missions have training, awareness, and access to the Corporation’s tools in relation to development policy and projects in countries;”, inserted cl. (i) designation and “coordination of” before “the Corporation’s”, and added cls. (ii) to (iv).
Pub. L. 119–60, § 8725(2)(B)section 9655 of this title, (C), redesignated subpar. (A) as (E) and struck out former subpar. (E) which read as follows: “coordinate and implement the activities of the Corporation under ; and”.
Pub. L. 119–60, § 8725(2)(C)Subsec. (g)(2)(F), (G). , (E), added subpars. (F) and (G) and struck out former subpar. (F) which read as follows: “be an ex officio member of the Development Advisory Council established under subsection (i) and participate in or send a representative to each meeting of the Council.”
Pub. L. 119–60, § 8726Subsec. (h). , added subsec. (h). Former subsec. (h) redesignated (i).
Pub. L. 119–60, § 8726Subsec. (i). , redesignated subsec. (h) as (i). Former subsec. (i) redesignated (j).
Pub. L. 119–60, § 8727(1)Subsec. (i)(1). , added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “Except as otherwise provided in this section, officers, employees, and agents shall be selected and appointed by the Corporation, and shall be vested with such powers and duties as the Corporation may determine.”
Pub. L. 119–60, § 8727(2)(A)Subsec. (i)(2)(A). , substituted “100” for “50” and “title 5, and such positions—” for “title 5,”, and added cls. (i) and (ii).
Pub. L. 119–60, § 8727(2)(B)Subsec. (i)(2)(D). , inserted “, provided that no such officer or employee may be compensated at a rate exceeding level II of the Executive Schedule” after “respectively”.
Pub. L. 119–60, § 8727(3)Subsec. (i)(3)(C). , substituted “subsection (j)” for “subsection (i)”.
Pub. L. 119–60, § 8726(1)Subsec. (j). , redesignated subsec. (i) as (j).
Pub. L. 119–60, § 8728(1)Subsec. (j)(1), (2). , added pars. (1) and (2) and struck out former pars. (1) and (2). Prior to amendment, pars. (1) and (2) established Development Finance Advisory Council and related to appointment of members of the Council, respectively.
Pub. L. 119–60, § 8728(2)Subsec. (j)(4) to (6). , (3), added pars. (4) and (5) and redesignated former par. (4) as (6).
Pub. L. 119–60, § 8729Subsec. (k). , added subsec. (k).
lPub. L. 119–60, § 8730(a)lSubsec. (). , added subsec. ().
Pub. L. 119–60, § 8731Subsec. (m). , added subsec. (n).
Pub. L. 119–60, § 8732Subsec. (n). , added subsec. (n).