22 U.S.C. § 2656d — Responsibilities of Secretary of State

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 (b) Repealed.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, Page 1094 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2656e including contracts for the services of consult- ants, and shall make grants and take other ap- propriate measures in order to obtain assistance from knowledgeable persons and organizations in training officers and employees of the United States Government, at all levels of the Foreign Service and Civil Service— (1) in the application of science and tech- nology to problems of United States foreign policy and international relations generally; and (2) in the skills of long-range planning and analysis with respect to the scientific and technological aspects of United States foreign policy. (d) Detached service for graduate studies In obtaining assistance pursuant to subsection (c) in training personnel who are officers or em- ployees of the Department of State, the Sec- retary may provide for detached service for graduate study at accredited colleges and uni- versities. (e) Grants and cooperative agreements related to science and technology fellowship programs (1) In general The Secretary is authorized to make grants or enter into cooperative agreements related to Department of State science and tech- nology fellowship programs, including for as- sistance in recruiting fellows and the payment of stipends, travel, and other appropriate ex- penses to fellows. (2) Exclusion from consideration as compensa- tion Stipends under paragraph (1) shall not be considered compensation for purposes of sec- tion 209 of title 18. (3) Maximum annual amount The total amount of grants made pursuant to this subsection may not exceed $2,000,000 in any fiscal year. (Pub. L. 95–426, title V, § 504, Oct. 7, 1978, 92 Stat. 983; Pub. L. 97–241, title V, § 505(a)(2), Aug. 24, 1982, 96 Stat. 299; Pub. L. 100–418, title V, § 5171(d), Aug. 23, 1988, 102 Stat. 1453; Pub. L. 117–81, div. E, title LIII, § 5303, Dec. 27, 2021, 135 Stat. 2361; Pub. L. 117–263, div. I, title XCII, § 9203, Dec. 23, 2022, 136 Stat. 3864.) Editorial Notes REFERENCES IN TEXT Public Law 96–517, referred to in subsec. (a)(3)(A), is Pub. L. 96–517, Dec. 12, 1980, 94 Stat. 3015, which enacted sections 200 to 211 and 301 to 307 of Title 35, Patents, amended section 1113 of Title 15, Commerce and Trade, sections 101 and 117 of Title 17, Copyrights, sections 41, 42, and 154 of Title 35, and sections 2186 and 5908 and former section 2457 of Title 42, The Public Health and Welfare, and enacted provisions set out as notes under sections 13 and 41 of Title 35. Section 2457 of Title 42 was repealed and restated as section 20135 of Title 51, National and Commercial Space Programs, by Pub. L. 111–314, §§ 3, 6, Dec. 18, 2010, 124 Stat. 3328, 3444. For com- plete classification of this Act to the Code, see Short Title of 1980 Amendment note set out under section 41 of Title 35 and Tables. The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (a)(3)(A), is Pub. L. 96–480, Oct. 21, 1980, 94 Stat. 2311, which is classified generally to chapter 63 (§ 3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables. AMENDMENTS 2022—Subsec. (e)(3). Pub. L. 117–263 substituted ‘‘$2,000,000’’ for ‘‘$500,000’’. 2021—Subsec. (e). Pub. L. 117–81 added subsec. (e). 1988—Subsec. (a). Pub. L. 100–418 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘In order to implement the policy set forth in section 2656b of this title, the Secretary of State (here- after in this section referred to as the ‘Secretary’) shall have primary responsibility for coordination and over- sight with respect to all major science or science and technology agreements and activities between the United States and foreign countries, international or- ganizations, or commissions of which the United States and one or more foreign countries are members.’’ 1982—Subsec. (e). Pub. L. 97–241 struck out subsec. (e) which provided that not later than Jan. 20, 1979, the Secretary transmit to the Committee on Appropria- tions and the Committee on International Relations of the House of Representatives, and to the Committee on Appropriations and the Committee on Foreign Rela- tions of the Senate, a report on the implementation of his responsibilities under this title, which report was to include an assessment of the personnel required in order to carry out such responsibilities, existing and planned programs for research and analysis to support long-range planning for the application of science and technology to foreign policy, existing and planned pro- grams for training officers and employees of the United States Government pursuant to subsec. (c) of this sec- tion, and existing and planned programs to enter into long-term contracts with academic and other organiza- tions for assistance in training and in obtaining stud- ies, analyses, and recommendations with respect to the application of science or technology to problems of for- eign policy. Statutory Notes and Related Subsidiaries MULTILATERAL AGREEMENT GOVERNING USE OF NUCLEAR-POWERED SATELLITES Pub. L. 95–426, title VI, § 608, Oct. 7, 1978, 92 Stat. 988, as amended by Pub. L. 97–241, title V, § 505(a)(2), Aug. 24, 1982, 96 Stat. 299, provided that: ‘‘(a) The Congress finds that— ‘‘(1) no international regime governs the use of nu- clear-powered satellites in space; ‘‘(2) the unregulated use of such technology poses the possibility of catastrophic damage to human life and the global environment; and ‘‘(3) this danger has been evidenced by mishaps en- countered, despite certain precautions, by nuclear- powered satellites of both the United States and the Soviet Union. ‘‘(b) It is therefore the sense of the Congress that the United States should take the initiative immediately in seeking a multilateral agreement governing the use of nuclear-powered satellites in space. ‘‘(c) [Repealed. Pub. L. 97–241, title V, § 505(a)(2), Aug. 24, 1982, 96 Stat. 299.]’’ § 2656e. Terrorism-related travel advisories The Secretary of State shall promptly advise the Congress whenever the Department of State issues a travel advisory, or other public warning notice for United States citizens traveling abroad, because of a terrorist threat or other se- curity concern. (Pub. L. 99–399, title V, § 505, Aug. 27, 1986, 100 Stat. 871.)