USC Chapter 50

in effect

22 U.S.C. § 3501 Congressional statement of policy

As declared by Congress in the Foreign Assistant 11 So in original. Probably should be “Assistance”. Act of 1961 [22 U.S.C. 2151 et seq.], a principal objective of the foreign policy of the United States is the encouragement and sustained support of the people of developing countries in their efforts to acquire the knowledge and resources essential to development and to build the economic, political, and social institutions which will improve the quality of their lives. The Congress reaffirms the profound humanitarian and foreign policy concerns of the United States in the economic and social progress of the developing countries and in the alleviation of the worst physical manifestations of poverty in these countries. In furtherance of that objective, the Congress recognizes that developing countries require extensive scientific and technological capacity in order to deal effectively with their development problems, relate to the industrialized nations, and constructively participate in the shaping of a stable world order. It is therefore in the mutual interest of the United States and the developing countries to increase scientific and technological cooperation and jointly to support long-term research on critical problems that impede development and limit the efficient use of the world’s human, natural, and capital resources.

22 U.S.C. § 3502 Purposes and establishment; policy guidelines and objectives

(a) To strengthen the capacity of the people of developing countries to solve their development problems through scientific and technological innovation, to foster research on problems of development, and to facilitate scientific and technological cooperation with developing countries, the President is authorized to establish an Institute for Scientific and Technological Cooperation (hereafter in this chapter referred to as the “Institute”), which shall be subject to the foreign policy guidance of the Secretary of State. (b) The Institute shall be guided by the policies set forth in sections 2151 and 2151–1 of this title and shall direct a substantial share of its resources to those objectives.

22 U.S.C. § 3503 Functions

(a) Assistance, support, etc., activities in United States and developing countriesIn carrying out its purposes, the Institute shall—(1) assist developing countries to strengthen their own scientific and technological capacity in order for them to undertake the research and experimentation necessary for development; (2) support research, in the United States and in developing countries, on critical development problems, with emphasis on research relating to technologies which are labor-intensive or which do not generate additional unemployment or underemployment and with emphasis on those problems which are the greatest impediment to improvement in the lives of the majority of the poor; (3) foster the exchange of scientists and other technological experts with developing countries, and other forms of exchange and communication to promote the joint solution of problems of mutual concern to the United States and developing countries; (4) advise and assist other agencies of the United States Government in planning and executing policies and programs of scientific and technological cooperation with developing countries; (5) facilitate the participation of private United States institutions, businesses, and individuals in scientific and technological cooperation with developing countries; and (6) gather, analyze, and disseminate information relevant to the scientific and technological needs of developing countries. (b) Review of programs, projects, and other activities; objectives of reviewIn carrying out the functions specified in subsection (a), the Institute shall take particular care to review all of its programs, projects, and other activities to ensure that technologies which are developed, utilized, or promoted are assessed with regard to minimizing any new problems and that participants in such programs, projects, and activities are fully aware of the need for such review with respect to any technology-related activities for which the 11 So in original. Probably should be “they”. are responsible. (c) Presidential utilization of additional statutory authoritiesFor purposes of carrying out the functions of the Institute, the President may utilize, in addition to authorities conferred by this chapter, such authority contained in the Foreign Assistance Act of 1961 [22 U.S.C. 2151 et seq.], the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.], title V of the Foreign Relations Authorization Act, Fiscal Year 1979 [22 U.S.C. 2656a to 2656d], and title IV of the International Development and Food Assistance Act of 1978 [22 U.S.C. 2385a], as the President deems necessary. (d) Consultation and cooperation with United States and foreign government agencies, and international organizationsThe Institute shall carry out its functions in consultation and cooperation with the agencies of the United States Government, international organizations, and agencies of other governments engaged in promoting economic, social, and technological development in developing countries. (e) Presidential promulgation of coordination procedures concerning other governmental activitiesThe President shall prescribe appropriate procedures to assure coordination of the activities of the Institute with other activities of the United States Government in furthering the use of science and technology in the cause of development.

22 U.S.C. § 3504 General authorities; fiscal requirement for authorities

(a) To carry out the purposes and functions of the Institute, the President may—(1) make and perform contracts and other agreements with any individual, institution, corporation, or other body of persons however designated, within or outside the United States, and with governments or government agencies, domestic or foreign; (2) make advances, grants, and loans to any individual, institution, corporation, or other body of persons however designated, within or outside the United States, and to governments or government agencies, domestic or foreign; (3) employ such personnel as necessary and fix their compensation; (4) make provision for compensation, transportation, housing, subsistence (or per diem in lieu thereof), and health care or health and accident insurance for foreign nationals engaged in activities authorized by this chapter while they are away from their homes, without regard to the provisions of any other law; (5) accept and use money, funds, property, and services of any kind by gift, devise, bequest, grant, or otherwise in furtherance of the purposes of the Institute; (6) acquire by purchase, lease, loan, bequest, or gift and hold and dispose of by sale, lease, loan, or grant, real and personal property of all kinds; (7) prescribe, amend, and repeal such rules and regulations as may be necessary to the conduct of the business of the Institute; (8) utilize information, services, facilities, officers, and employees of any agency of the United States Government; (9) establish a principal office in the United States and such other offices within or outside the United States, as may be necessary; (10) make such expenditures as may be necessary for administering the provisions of this chapter; (11) adopt, alter, and use an official seal for the Institute, which shall be judicially noticed; and (12) take such other actions as may be necessary and incident to carrying out the functions of the Institute. (b) Any authority provided by this section involving the expenditure of appropriated funds shall be effective for a fiscal year only to such extent or in such amounts as are provided in appropriation Acts.

22 U.S.C. § 3505 Director

(a) Appointment; compensationThere shall be a Director of the Institute (hereafter in this chapter referred to as the “Director”) who shall be the chief executive officer of the Institute. The Director shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive compensation at the rate payable for level III of the Executive Schedule under section 5314 of title 5. (b) Exercise of Presidential authority; delegation of authorityThe President may exercise any authorities conferred upon him by this chapter through the Director or any other agency or officer of the United States Government as he shall direct. The Director or head of any such agency or any such officer may delegate to any of his subordinates authority to perform any of such functions.

22 U.S.C. § 3506 Deputy Director

(a) Appointment; compensationA Deputy Director of the Institute shall be appointed by the President, by and with the advice and consent of the Senate. The Deputy Director shall receive compensation at the rate payable for level IV of the Executive Schedule under section 5315 of title 5. (b) Duties and powersThe Deputy Director shall perform such duties and exercise such powers as the Director may prescribe. (c) Additional positions; establishment by President; compensationThe President may establish up to two additional positions in the Institute to be compensated at the rate payable for level V of the Executive Schedule under section 5316 of title 5.

22 U.S.C. § 3507 Council on International Scientific and Technological Cooperation

(a) EstablishmentIn order to further the purposes of the Institute, the President is authorized to establish a Council on International Scientific and Technological Cooperation (hereafter in this chapter referred to as the “Council”). (b) Functions(1) The Council shall—(A) advise the Director with respect to the policies, programs, planning, and procedures of the Institute; (B) make recommendations to the Director on the use of the resources available to the Institute; and (C) advise the Director on matters involving the activities of the Institute overseas and appropriate relationships with the private sector, within and outside the United States. (2) The Council shall prepare an annual report setting forth the major recommendations made and advice given pursuant to paragraph (1) of this subsection. (c) Advice to Director concerning selection, termination, or change in activities, and transfer of government programs and projects to Institute; review and recommendations respecting new programs and initiativesThe Director shall seek the advice of the Council before making any decision with respect to the selection or termination of, or any significant change in, the areas and issues in which the Institute conducts its activities, and with respect to the transfer of specific programs and projects from any other Government agency to the Institute. The Council shall have the authority to review all new programs and initiatives before their implementation and to make recommendations with regard to the approval or disapproval of new programs and initiatives having a cost in excess of $500,000 or a duration greater than two years. (d) Composition; Chairman; appointment, terms, etc., of membersThe Council shall consist of up to twenty-five members appointed by the President, one of whom the President shall designate as Chairman. The members of the Council shall be appointed for terms of four years, except that the members first appointed shall be appointed for terms of one, two, three, or four years, as designated by the President at the time of their appointment, so that the terms of approximately one-fourth of the members of the Council expire in any year. The members of the Council shall be selected from among—(1) citizens of the United States who are widely recognized for their broad knowledge of, or expertise in, science and technology, or their interest in the scientific and technological problems of developing countries; (2) citizens of foreign countries who by their knowledge and expertise are capable of providing advice and guidance to the Institute on the application of science and technology to the problems of developing countries, except that not more than one-third of the membership of the Council shall consist of members who are citizens of foreign countries; and (3) officials of the United States Government, except that not to exceed five members of the Council may be appointed under this paragraph, one of whom shall be the Secretary of State or his designee. (e) Compensation, reimbursement, status, etc., of nongovernmental membersMembers of the Council who are not officials of the United States Government shall be entitled to compensation, not to exceed the daily equivalent of the highest rate which may be paid to an employee under the General Schedule established by section 5332 of title 5, while in the performance of their duties under this chapter, and to reimbursement for expenses and per diem in lieu of subsistence while away from their homes or regular places of business in the same manner as persons employed intermittently in Government service are allowed expenses under section 5703 of title 5. Members of the Council who are not officials of the United States Government shall not be deemed officers, employees, or otherwise in the service or employment of the United States Government for any purpose, except that members of the Council who are United States citizens shall be deemed Government employees for the purposes of sections 202, 203, 205, 207, 208, and 209 of title 18. (f) Executive and additional committees; membership, powers, etc., of Executive CommitteeThe Council may appoint from among its members an Executive Committee, and such other committees it deems necessary, to assist it in exercising its powers and functions. The Executive Committee shall consist of seven members, one of whom shall be the Chairman of the Council and not more than three of whom shall be employees of the United States Government. The Executive Committee shall exercise such powers and functions as are delegated to it by the Council.

22 U.S.C. § 3508 Fellowships

(a) Authorization; number; duration; renewal; criteria; foreign recipients; designation of recipients as Institute FellowsThe President is authorized to award up to twenty fellowships annually for periods up to two years, such awards to be renewable for an additional period not to exceed two years, to individuals who have demonstrated exceptional competence and ability in the fields of scientific, technological, economic, or social endeavor selected by the Institute for concentration. The awards shall be made so as to encompass a wide diversity of disciplines and backgrounds, and shall be made on the basis of criteria established by the President upon the advice of the Council. Up to ten of the awards in any year may be made to citizens of countries other than the United States. Individuals awarded fellowships shall be designated as Institute Fellows. (b) Activities of Institute FellowsThe President may assign Institute Fellows to undertake such activities, in the United States or abroad, as will further the purposes of the Institute. (c) Amount of awards; transportation, housing, etc., benefitsThe amount of the awards made pursuant to this section shall be established by the President, but shall not in any case exceed the highest rate which may be paid to an employee under the General Schedule established by section 5332 of title 5. In addition, where appropriate, the President may make provisions for transportation, housing (when assigned outside country of residence), subsistence (or per diem in lieu thereof), and health care or health or accident insurance for Institute Fellows and their dependents while engaged in activities authorized by this chapter. (d) Status of Institute FellowsExcept as provided otherwise in this section, Institute Fellows shall not be deemed employees or otherwise in the service or employment of the United States Government. Institute Fellows shall be considered employees for purposes of compensation of injuries under chapter 81 of title 5 and the tort claim provisions of chapter 171 of title 28. In addition, Institute Fellows who are United States citizens shall be considered Government employees for purposes of sections 202, 203, 205, 207, 208, and 209 of title 18. (e) Admission into United States of alien participants in programAlien participants in any program of the Institute, including Institute Fellows and their dependents, may be admitted to the United States, if otherwise qualified as non-immigrants under section 1101(a)(15) of title 8, for such time and under such conditions as may be prescribed by regulations promulgated by the Secretary of State and the Attorney General.

22 U.S.C. § 3509 Conflict of interest; personnel and activities covered

Members of the Council and Institute Fellows shall avoid any action, in their activities with respect to the Institute, which might result in, or create the appearance of, a conflict of interest, including but not limited to— (1) using their office or position for private gain; (2) giving preferential treatment to any person; (3) making recommendations or decisions relating to any activity authorized by this chapter in other than an impartial and independent manner; (4) misusing Government property or official information obtained through their office or position which has not been made available to the general public; or (5) affecting adversely the confidence of the public in the integrity of the Institute.

22 U.S.C. § 3510 Authorization of appropriations

There are authorized to be appropriated to the President to carry out this chapter, in addition to funds otherwise available for such purpose, $12,000,000 for the fiscal year 1981. Funds appropriated under this section are authorized to remain available until expended.

22 U.S.C. § 3513 Expiration of statutory authorities

The authorities contained in this chapter shall expire on September 30, 1984.