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22 U.S.C. § 3504 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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.
(Pub. L. 96–53, title IV, § 404, Aug. 14, 1979, 93 Stat. 373.)
heading: References in Text
text: This chapter, referred to in subsec. (a)(4), (10), was in the original “this title”, meaning title IV of Pub. L. 96–53, Aug. 14, 1979, 93 Stat. 371, which is classified principally to this chapter. For complete classification of title IV to the Code, see Tables.
heading: Effective Date
text: Section effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as an Effective Date of 1979 Amendment note under section 2151 of this title.
22 U.S.C. § 3505 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3505. Director
(a) Appointment; compensation
There 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 authority
The 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.
(Pub. L. 96–53, title IV, § 405, Aug. 14, 1979, 93 Stat. 373.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title IV of Pub. L. 96–53, Aug. 14, 1979, 93 Stat. 371, which is classified principally to this chapter. For complete classification of title IV to the Code, see Tables.
heading: Effective Date
text: Section effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as an Effective Date of 1979 Amendment note under section 2151 of this title.
22 U.S.C. § 3506 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3506. Deputy Director
(a) Appointment; compensation
A 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 powers
The Deputy Director shall perform such duties and exercise such powers as the Director may prescribe.
(c) Additional positions; establishment by President; compensation
The 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.
(Pub. L. 96–53, title IV, § 406, Aug. 14, 1979, 93 Stat. 374.)
heading: Effective Date
text: Section effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as an Effective Date of 1979 Amendment note under section 2151 of this title.
22 U.S.C. § 3509 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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.
(Pub. L. 96–53, title IV, § 409, Aug. 14, 1979, 93 Stat. 376.)
heading: References in Text
text: This chapter, referred to in par. (3), was in the original “this title”, meaning title IV of Pub. L. 96–53, Aug. 14, 1979, 93 Stat. 371, which is classified principally to this chapter. For complete classification of title IV to the Code, see Tables.
heading: Effective Date
text: Section effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as an Effective Date of 1979 Amendment note under section 2151 of this title.
22 U.S.C. § 3510 (FOREIGN RELATIONS AND INTERCOURSE)
§ 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.
(Pub. L. 96–53, title IV, § 410, Aug. 14, 1979, 93 Stat. 376; amended Pub. L. 96–533, title III, § 312, Dec. 16, 1980, 94 Stat. 3148.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title IV of Pub. L. 96–53, Aug. 14, 1979, 93 Stat. 371, which is classified principally to this chapter. For complete classification of title IV to the Code, see Tables.
heading: Amendments
text: 1980—Pub. L. 96–533 substituted appropriations authorization of $12,000,000 for fiscal year 1981 for such authorization of $23,750,000 for fiscal year 1980.
heading: Effective Date
text: Section effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as an Effective Date of 1979 Amendment note under section 2151 of this title.
22 U.S.C. § 3513 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3513. Expiration of statutory authorities
The authorities contained in this chapter shall expire on September 30, 1984.
(Pub. L. 96–53, title IV, § 414, Aug. 14, 1979, 93 Stat. 377.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title IV of Pub. L. 96–53, Aug. 14, 1979, 93 Stat. 371, which is classified principally to this chapter. For complete classification of title IV to the Code, see Tables.
heading: Effective Date
text: Section effective Oct. 1, 1979, see section 512(a) of Pub. L. 96–53, set out as an Effective Date of 1979 Amendment note under section 2151 of this title.
22 U.S.C. § 4307 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4307. Preemption
Notwithstanding any other law, no act of any Federal agency shall be effective to confer or deny any benefit with respect to any foreign mission contrary to this chapter. Nothing in section 4302, 4303, 4304, or 4305 of this title may be construed to preempt any State or municipal law or governmental authority regarding zoning, land use, health, safety, or welfare, except that a denial by the Secretary involving a benefit for a foreign mission within the jurisdiction of a particular State or local government shall be controlling.
(Aug. 1, 1956, ch. 841, title II, § 207, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 288.)
heading: Effective Date
text: Section effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as a note under section 4301 of this title.
22 U.S.C. § 4309 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4309. Application to public international organizations and official missions to such organizations
(a) Determination by Secretary
The Secretary may make section 4306 of this title, or any other provision of this chapter, applicable with respect to an international organization to the same extent that it is applicable with respect to a foreign mission if the Secretary determines that such application is necessary to carry out the policy set forth in section 4301(b) of this title and to further the objectives set forth in section 4304(b) of this title.
(b) “International organization” defined
For purposes of this section, “international organization” means—
(1) a public international organization designated as such pursuant to the International Organizations Immunities Act (22 U.S.C. 288—288f–2) or a public international organization created pursuant to a treaty or other international agreement as an instrument through or by which two or more foreign governments engage in some aspect of their conduct of international affairs; and
(2) an official mission (other than a United States mission) to such a public international organization,
including any real property of such an organization or mission and including the personnel of such an organization or mission.
(Aug. 1, 1956, ch. 841, title II, § 209, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 289.)
heading: References in Text
text: The International Organizations Immunities Act, referred to in subsec. (b)(1), is act Dec. 29, 1945, ch. 652, title I, 59 Stat. 669, as amended, which is classified principally to subchapter XVIII (§ 288 et seq.) of chapter 7 of this title. For complete classification of that Act to the Code, see Short Title note set out under section 288 of this title and Tables.
heading: Effective Date
text: Section effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as a note under section 4301 of this title.
22 U.S.C. § 4310 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4310. Privileges and immunities
Nothing in this chapter shall be construed to limit the authority of the United States to carry out its international obligations, or to supersede or limit immunities otherwise available by law. No act or omission by any foreign mission, public international organization, or official mission to such an organization, in compliance with this chapter shall be deemed to be an implied waiver of any immunity otherwise provided for by law.
(Aug. 1, 1956, ch. 841, title II, § 210, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 290.)
heading: Effective Date
text: Section effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as a note under section 4301 of this title.
22 U.S.C. § 4311 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4311. Enforcement
(a) Benefits to foreign missions contrary to this chapter; standing of United States to bring action for compliance
It shall be unlawful for any person to make available any benefits to a foreign mission contrary to this chapter. The United States, acting on its own behalf or on behalf of a foreign mission, has standing to bring or intervene in an action to obtain compliance with this chapter, including any action for injunctive or other equitable relief.
(b) Advice of Secretary concerning transactions with foreign missions
Upon the request of any Federal agency, any State or local government agency, or any business or other person that proposes to enter into a contract or other transaction with a foreign mission, the Secretary shall advise whether the proposed transaction is prohibited by any regulation or determination of the Secretary under this chapter.
(Aug. 1, 1956, ch. 841, title II, § 211, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 290.)
heading: Effective Date
text: Section effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as a note under section 4301 of this title.
22 U.S.C. § 4312 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4312. Presidential guidelines
The authorities granted to the Secretary pursuant to the provisions of this chapter shall be exercised in accordance with procedures and guidelines approved by the President.
(Aug. 1, 1956, ch. 841, title II, § 212, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 290.)
heading: Effective Date
text: Section effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as a note under section 4301 of this title.
22 U.S.C. § 4313 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4313. Severability
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of this chapter and the application of such provision to any other person or circumstance shall not be affected thereby.
(Aug. 1, 1956, ch. 841, title II, § 213, as added Pub. L. 97–241, title II, § 202(b), Aug. 24, 1982, 96 Stat. 290.)
heading: Effective Date
text: Section effective Oct. 1, 1982, see section 204 of Pub. L. 97–241, set out as a note under section 4301 of this title.
22 U.S.C. § 4342 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4342. Limitations on disposition of personal prop­erty
(a) General rule
Except as authorized under subsection (b), employees or members of their family shall not sell, assign, or otherwise dispose of personal property within a foreign country which was imported into or purchased within that foreign country and which, by virtue of the official status of the employee, was exempt from import limitation, customs duties, or taxes which would otherwise apply.
(b) Approval by chief of mission
The chief of mission to a foreign country, or a designee of such chief of mission, is authorized to approve within that foreign country sales, assignment, or other dispositions of property by employees under the chief of mission’s jurisdiction (as described in section 3927 of this title) to the extent that such sale, assignment, or other disposition is in accordance with regulations and policies, rules, and procedures issued pursuant to section 4343 of this title.
(c) Violation
Violation of this section, or other importation, sale, or other disposition of personal property within a foreign country which violates its laws or regulations or governing international law and is prohibited by regulations and policies, rules, and procedures issued pursuant to section 4343 of this title, shall be grounds for disciplinary action against an employee.
(Aug. 1, 1956, ch. 841, title III, § 302, as added Pub. L. 100–204, title I, § 186(a), Dec. 22, 1987, 101 Stat. 1368.)
heading: Effective Date
text: Section effective 180 days after Dec. 22, 1987, see section 186(b) of Pub. L. 100–204, set out as a note under section 4741 of this title.
22 U.S.C. § 4343 (FOREIGN RELATIONS AND INTERCOURSE)
§ 4343. Regulations
(a) Issuance; purpose
The Secretary of State may issue regulations to carry out the purposes of this chapter. The primary purpose of such regulations and related policies, rules, and procedures shall be to assure that employees and members of their families do not profit personally from sales or other transactions with persons who are not themselves entitled to exemption from import restrictions, duties, or taxes.
(b) Contractors
Such regulations shall require that, to the extent contractors enjoy importation or tax privileges in a foreign country because of their contractual relationship to the United States Government, after the effective date of this chapter contracting agencies shall include provisions in their contracts to carry out the purpose of this chapter.
(c) Chief of mission
In order to ensure that due account is taken of local conditions, including applicable laws, markets, exchange rate factors, and accommodation exchange facilities, such regulations may authorize the chief of mission to each foreign country to establish more detailed policies, rules, or procedures for the application of this chapter within that country to employees under the chief of mission’s jurisdiction.
(Aug. 1, 1956, ch. 841, title III, § 303, as added Pub. L. 100–204, title I, § 186(a), Dec. 22, 1987, 101 Stat. 1368.)
heading: References in Text
text: For the effective date of this chapter, referred to in subsec. (b), as being 180 days after Dec. 22, 1987, see section 186(b) of Pub. L. 100–204 set out as an Effective Date note under section 4341 of this title.
heading: Effective Date
text: Section effective 180 days after Dec. 22, 1987, see section 186(b) of Pub. L. 100–204, set out as a note under section 4741 of this title.
22 U.S.C. § 6302 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6302. Role of international financial institutions
The Secretary of the Treasury shall instruct the United States executive director to each of the international financial institutions described in section 262d(a) of this title to use the voice and vote of the United States to oppose any use of the institution’s funds to promote the acquisition of unsafeguarded special nuclear material or the development, stockpiling, or use of any nuclear explosive device by any non-nuclear-weapon state.
(Pub. L. 103–236, title VIII, § 823(a), Apr. 30, 1994, 108 Stat. 512.)
heading: Effective Date
text: Section effective 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103–236, set out as a note under section 6301 of this title.
22 U.S.C. § 6304 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6304. Reporting on demarches
(1) It is the sense of the Congress that the Department of State should, in the course of implementing its reporting responsibilities under section 3282(c) of this title, include a summary of demarches that the United States has issued or received from foreign governments with respect to activities which are of significance from the proliferation standpoint.
(2) For purposes of this section, the term “demarche” means any official communication by one government to another, by written or oral means, intended by the originating government to express—
(A) a concern over a past, present, or possible future action or activity of the recipient government, or of a person within the jurisdiction of that government, contributing to the global spread of unsafeguarded special nuclear material or of nuclear explosive devices;
(B) a request for the recipient government to counter such action or activity; or
(C) both the concern and request described in subparagraphs (A) and (B).
(Pub. L. 103–236, title VIII, § 828(b), Apr. 30, 1994, 108 Stat. 520.)
heading: Effective Date
text: Section effective 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103–236, set out as a note under section 6301 of this title.
22 U.S.C. § 6305 (FOREIGN RELATIONS AND INTERCOURSE)
§ 6305. Definitions
For purposes of this subchapter—
(1) the term “foreign person” means—
(A) an individual who is not a citizen of the United States or an alien admitted for permanent residence to the United States; or
(B) a corporation, partnership, or other nongovernment entity which is created or organized under the laws of a foreign country or which has its principal place of business outside the United States;
(2) the term “goods or technology” means—
(A) nuclear materials and equipment and sensitive nuclear technology (as such terms are defined in section 3203 of this title), all export items designated by the President pursuant to section 2139a(c) of title 42, and all technical assistance requiring authorization under section 2077(b) of title 42, and
(B) in the case of exports from a country other than the United States, any goods or technology that, if exported from the United States, would be goods or technology described in subparagraph (A);
(3) the term “IAEA safeguards” means the safeguards set forth in an agreement between a country and the International Atomic Energy Agency, as authorized by Article III(A)(5) of the Statute of the International Atomic Energy Agency;
(4) the term “nuclear explosive device” means any device, whether assembled or disassembled, that is designed to produce an instantaneous release of an amount of nuclear energy from special nuclear material that is greater than the amount of energy that would be released from the detonation of one pound of trinitrotoluene (TNT);
(5) the term “non-nuclear-weapon state” means any country which is not a nuclear-weapon state, as defined by Article IX (3) of the Treaty on the Non-Proliferation of Nuclear Weapons, signed at Washington, London, and Moscow on July 1, 1968;
(6) the term “special nuclear material” has the meaning given that term in section 2014(aa) of title 42;
(7) the term “United States person” means—
(A) an individual who is a citizen of the United States or an alien admitted for permanent residence to the United States; or
(B) a corporation, partnership, or other nongovernment entity which is not a foreign person; and
(8) the term “unsafeguarded special nuclear material” means special nuclear material which is held in violation of IAEA safeguards or not subject to IAEA safeguards (excluding any quantity of material that could, if it were exported from the United States, be exported under a general license issued by the Nuclear Regulatory Commission).
(Pub. L. 103–236, title VIII, § 830, Apr. 30, 1994, 108 Stat. 521.)
heading: References in Text
text: This subchapter, referred to in text, was in the original a reference to this part, meaning part B of title VIII of Pub. L. 103–236, which is classified principally to this subchapter. For complete classification of part B to the Code, see Effective Date note set out under section 6301 of this title and Tables.
heading: Effective Date
text: Section effective 60 days after Apr. 30, 1994, see section 831 of Pub. L. 103–236, set out as a note under section 6301 of this title.
22 U.S.C. § 7903 (FOREIGN RELATIONS AND INTERCOURSE)
§ 7903. Technology inventory for developing countries
(a) In general
The Secretary of Energy, in coordination with the Secretary of State and the Secretary of Commerce, shall conduct an inventory of greenhouse gas intensity reducing technologies that are developed, or under development in the United States, to identify technologies that are suitable for transfer to, deployment in, and commercialization in the developing countries identified in the report submitted under section 7902(a)(2)(A) of this title.
(b) Report
Not later than 180 days after the completion of the inventory under subsection (a), the Secretary of State and the Secretary of Energy shall jointly submit to Congress a report that—
(1) includes the results of the completed inventory;
(2) identifies obstacles to the transfer, deployment, and commercialization of the inventoried technologies;
(3) includes results from previous Federal reports related to the inventoried technologies; and
(4) includes an analysis of market forces related to the inventoried technologies.
(Pub. L. 101–240, title VII, § 733, as added Pub. L. 109–58, title XVI, § 1611, Aug. 8, 2005, 119 Stat. 1114.)
heading: Effective Date
text: Section effective Oct. 1, 2005, except as otherwise provided, see section 739 of Pub. L. 101–240, set out as a note under section 7901 of this title.