22 U.S.C. § 2656b — Congressional declaration of policy re-

Page 1092 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656a randum [Feb. 4, 2021] or as soon as possible thereafter, all agencies engaged abroad shall review and, as appro- priate and consistent with applicable law, take steps to rescind any directives, orders, regulations, policies, or guidance inconsistent with this memorandum, includ- ing those issued from January 20, 2017, to January 20, 2021, to the extent that they are inconsistent with this memorandum. The heads of such agencies shall also, within 100 days of the date of this memorandum, report to the President on their progress in implementing this memorandum and recommend additional opportunities and actions to advance the human rights of LGBTQI+ persons around the world. Agencies engaged abroad shall each prepare a report within 180 days of the date of this memorandum, and annually thereafter, on their progress toward advancing these initiatives. All such agencies shall submit these reports to the Department of State, which will compile a report on the federal government’s progress in advancing these initiatives for transmittal to the President. The Department of State shall make a version of the compiled annual re- port available to the Members of the Congress and the public. SEC. 7. Definitions. (a) For the purposes of this memo- randum, agencies engaged abroad include the Depart- ments of State, the Treasury, Defense, Justice, Agri- culture, Commerce, Labor, Health and Human Services, and Homeland Security, the United States Agency for International Development (USAID), the United States International Development Finance Corporation (DFC), the Millennium Challenge Corporation, the Export-Im- port Bank of the United States, the Office of the United States Trade Representative, and such other agencies as the President may designate. (b) For the purposes of this memorandum, agencies involved with foreign aid, assistance, and development programs include the Departments of State, the Treas- ury, Defense, Justice, Agriculture, Commerce, Labor, Health and Human Services, and Homeland Security, USAID, DFC, the Millennium Challenge Corporation, the Export-Import Bank of the United States, the Of- fice of the United States Trade Representative, and such other agencies as the President may designate. SEC. 8. General Provisions. (a) Nothing in this order shall be construed to impair, or otherwise affect: (i) the authority granted by law to an executive de- partment, agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This memorandum shall be implemented con- sistent with applicable law and subject to the avail- ability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The Secretary of State is authorized and directed to publish this memorandum in the Federal Register. J.R. BIDEN, JR. § 2656a. Congressional declaration of findings of major significance of modern scientific and technological advances in foreign policy The Congress finds that— (1) the consequences of modern scientific and technological advances are of such major sig- nificance in United States foreign policy that understanding and appropriate knowledge of modern science and technology by officers and employees of the United States Government are essential in the conduct of modern diplo- macy; (2) many problems and opportunities for de- velopment in modern diplomacy lie in sci- entific and technological fields; (3) in the formulation, implementation, and evaluation of the technological aspects of United States foreign policy, the United States Government should seek out and con- sult with both public and private industrial, academic, and research institutions concerned with modern technology; and (4) the effective use of science and tech- nology in international relations for the mu- tual benefit of all countries requires the devel- opment and use of the skills and methods of long-range planning. (Pub. L. 95–426, title V, § 501, Oct. 7, 1978, 92 Stat. 982.) § 2656b. Congressional declaration of policy re- garding consequences of science and tech- nology on conduct of foreign policy In order to maximize the benefits and to mini- mize the adverse consequences of science and technology in the conduct of foreign policy, the Congress declares the following to be the policy of the United States: (1) Technological opportunities, impacts, changes, and threats should be anticipated and assessed, and appropriate measures should be implemented to influence such technological developments in ways beneficial to the United States and other countries. (2) The mutually beneficial applications of technology in bilateral and multilateral agree- ments and activities involving the United States and foreign countries or international organizations should be recognized and sup- ported as an important element of United States foreign policy. (3) The United States Government should implement appropriate measures to insure that individuals are trained in the use of science and technology as an instrument in international relations and that officers and employees of the United States Government engaged in formal and informal exchanges of scientific and technical information, per- sonnel, and hardware are knowledgeable in international affairs. (4) In recognition of the environmental and technological factors that change relations among countries and in recognition of the growing interdependence between the domes- tic and foreign policies and programs of the United States, United States foreign policy should be continually reviewed by the execu- tive and legislative branches of the Govern- ment to insure appropriate and timely appli- cation of science and technology to the con- duct of United States foreign policy. (5) Federally supported international science and technology agreements should be nego- tiated to ensure that— (A) intellectual property rights are prop- erly protected; and (B) access to research and development op- portunities and facilities, and the flow of scientific and technological information, are, to the maximum extent practicable, eq- uitable and reciprocal. (Pub. L. 95–426, title V, § 502, Oct. 7, 1978, 92 Stat. 982; Pub. L. 100–418, title V, § 5171(a), Aug. 23, 1988, 102 Stat. 1452.) Page 1093 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656d Editorial Notes AMENDMENTS 1988—Par. (5). Pub. L. 100–418 added par. (5). § 2656c. Responsibilities of President (a) Identification, evaluation and initiation of scientific and technological developments The President, in consultation with the Direc- tor of the Office of Science and Technology Pol- icy and other officials whom the President con- siders appropriate, shall— (1) notwithstanding any other provision of law, insure that the Secretary of State is in- formed and consulted before any agency of the United States Government takes any major action, primarily involving science or tech- nology, with respect to any foreign govern- ment or international organization; (2) identify and evaluate elements of major domestic science and technology programs and activities of the United States Government with significant international implications; (3) identify and evaluate international sci- entific or technological developments with significant implications for domestic pro- grams and activities of the United States Gov- ernment; and (4) assess and initiate appropriate inter- national scientific and technological activities which are based upon domestic scientific and technological activities of the United States Government and which are beneficial to the United States and foreign countries. (b) Repealed. Pub. L. 104–66, title I, § 1111(b), Dec. 21, 1995, 109 Stat. 723 (c) Disclosure of sensitive information Except as otherwise provided by law, nothing in this section shall be construed as requiring the public disclosure of sensitive information re- lating to intelligence sources or methods or to persons engaged in monitoring scientific or technological developments for intelligence pur- poses. (d) Availability to United States Trade Rep- resentative of information and recommenda- tions (1) The information and recommendations de- veloped under subsection (b)(3) shall be made available to the United States Trade Represent- ative for use in his consultations with Federal agencies pursuant to Executive orders per- taining to the transfer of science and tech- nology. (2) In providing such information and rec- ommendations, the President shall utilize infor- mation developed by any Federal departments, agencies, or interagency committees as he may consider necessary. (Pub. L. 95–426, title V, § 503, Oct. 7, 1978, 92 Stat. 983; Pub. L. 100–418, title V, § 5171(b), (c), Aug. 23, 1988, 102 Stat. 1453; Pub. L. 104–66, title I, § 1111(b), Dec. 21, 1995, 109 Stat. 723.) Editorial Notes AMENDMENTS 1995—Subsec. (b). Pub. L. 104–66 struck out subsec. (b) which related to reports to Congress. 1988—Subsec. (b). Pub. L. 100–418, § 5171(b)(1), (2), sub- stituted ‘‘the Speaker of the House of Representatives and the Committees on Foreign Relations and Govern- mental Affairs of the Senate a report containing infor- mation and recommendations’’ for ‘‘Congress a report containing recommendations’’. Subsec. (b)(3). Pub. L. 100–418, § 5171(b)(3)–(5), added par. (3). Subsec. (d). Pub. L. 100–418, § 5171(c), added subsec. (d). § 2656d. Responsibilities of Secretary of State (a) Coordination and oversight over science and technology agreements between United States and foreign countries, etc. (1) In order to implement the policies set forth in section 2656b of this title, the Secretary of State (hereafter in this section referred to as the ‘‘Secretary’’) shall have primary responsi- bility for coordination and oversight with re- spect to all major science or science and tech- nology agreements and activities between the United States and foreign countries, inter- national organizations, or commissions of which the United States and one or more foreign coun- tries are members. (2) In coordinating and overseeing such agree- ments and activities, the Secretary shall con- sider (A) scientific merit; (B) equity of access as described in section 2656c(b) of this title; (C) pos- sible commercial or trade linkages with the United States which may flow from the agree- ment or activity; (D) national security concerns; and (E) any other factors deemed appropriate. (3) Prior to entering into negotiations on such an agreement or activity, the Secretary shall provide Federal agencies which have primary re- sponsibility for, or substantial interest in, the subject matter of the agreement or activity, in- cluding those agencies responsible for— (A) Federal technology management policies set forth by Public Law 96–517 and the Steven- son-Wydler Technology Innovation Act of 1980 [15 U.S.C. 3701 et seq.]; (B) national security policies; (C) United States trade policies; and (D) relevant Executive orders, with an opportunity to review the proposed agreement or activity to ensure its consistency with such policies and Executive orders, and to ensure effective interagency coordination. (b) Long-term contracts, grants, to obtain stud- ies, etc., with respect to application of science and technology to foreign policy The Secretary shall, to such extent or in such amounts as are provided in appropriation Acts, enter into long-term contracts, including con- tracts for the services of consultants, and shall make grants and take other appropriate meas- ures in order to obtain studies, analyses, and recommendations from knowledgeable persons and organizations with respect to the applica- tion of science or technology to problems of for- eign policy. (c) Long-term and short-term contracts, grants, to train officers and employees in applica- tion of science and technology to problems of foreign policy The Secretary shall, to such extent or in such amounts as are provided in appropriation Acts, enter into short-term and long-term contracts,