b. Department of State-Delegation of Authority;
Establishment of Bureau

(1) Science, Technology, and American Diplomacy 1

Title V of Public Law 95-426 [Foreign Relations Authorization Act, Fiscal Year 1979; H.R. 12598], 92 Stat. 963 at 982, approved October 7, 1978, as amended

AN ACT To authorize appropriations for fiscal year 1979 for the Department of State, the International Communication Agency, and the Board for International Broadcasting, to make changes in the laws relating to those agencies, to make changes in the Foreign Service personnel system, to establish policies and responsibilities with respect to science, technology, and American diplomacy, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE

SECTION 1. This Act may be cited as the "Foreign Relations Authorization Act, Fiscal Year 1979".

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TITLE V-SCIENCE, TECHNOLOGY, AND AMERICAN

DIPLOMACY

FINDINGS

SEC. 501.2 The Congress finds that

(1) the consequences of modern scientific and technological advances are of such major significance 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 diplomacy;

(2) many problems and opportunities for development in modern diplomacy lie in scientific 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 consult with both public and private industrial, academic, and research institutions concerned with modern technology; and

(4) the effective use of science and technology in international relations for the mutual benefit of all countries requires the development and use of the skills and methods of long-range planning.

Portions of this Public Law may also be found in Legislation on Foreign Relations Through 1996, vol. II. 222 U.S.C. 2656a.

DECLARATION OF POLICY

SEC. 502.3 In order to maximize the benefits and to minimize 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 agreements and activities involving the United States and foreign countries or international organizations should be recognized and supported 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, personnel, 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 domestic and foreign policies and programs of the United States, United States foreign policy should be continually reviewed by the executive and legislative branches of the Government to insure appropriate and timely application of science and technology to the conduct of United States foreign policy.

(5)4 Federally supported international science and technology agreements should be negotiated to ensure that

(A) intellectual property rights are properly protected; and

(B) access to research and development opportunities and facilities and the flow of scientific and technological information, are, to the maximum extent practicable, equitable and reciprocal.

RESPONSIBILITIES OF THE PRESIDENT

SEC. 503.5 (a) The President, in consultation with the Director of the Office of Science and Technology Policy and other officials whom the President considers appropriate, shall—

(1)_notwithstanding any other provision of law, insure that the Secretary of State is informed and consulted before any agency of the United States Government takes any major action, primarily involving science or technology, with respect to any foreign government or international organization;

322 U.S.C. 2656b.

4 Sec. 5171(a) of Public Law 100-418 (102 Stat. 1452) added paragraph (5).

(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 scientific or technological developments with significant implications for domestic programs and activities of the United States Government; and

(4) assess and initiate appropriate international 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.

(c) Except as otherwise provided by law, nothing in this section shall be construed as requiring the public disclosure of sensitive information relating to intelligence sources or methods or to persons engaged in monitoring scientific or technological developments for intelligence purposes.

(d) (1) The information and recommendations developed under subsection (b)(3) shall be made available to the United States Trade Representative for use in his consultations with Federal agencies pursuant to Executive orders pertaining to the transfer of science and technology.

(2) In providing such information and recommendations, the President shall utilize information developed by any Federal departments, agencies, or interagency committees, as he may consider necessary.

RESPONSIBILITY OF THE SECRETARY OF STATE

SEC. 504.8 (a)(1)9 In order to implement the policies set forth in section 502 of this title, the Secretary of State (hereafter in this section referred to as the "Secretary") shall have primary responsibility for coordination and oversight with respect to all major science or science and technology agreements and activities between the United States and foreign countries, international organizations, or commissions of which the United States and one or more foreign countries are members.

(2)9 In coordinating and overseeing such agreements and activities, the Secretary shall consider (A) scientific merit; (B) equity of access as described in section 503(b); (C) possible commercial or trade linkages with the United States which may flow from the agreement or activity; (D) national security concerns; and (E) any other factors deemed appropriate.

(3)9 Prior to entering into negotiations on such an agreement or activity, the Secretary shall provide Federal agencies which have primary responsibility for, or substantial interest in, the subject matter of the agreement or activity, including those agencies responsible for

6 Sec. 1111(b) of Public Law 104-66 (109 Stat. 723) repealed subsec. (b), which had required the President to report annually on personnel requirements, standards, and training for service of U.S. Government officers and employees with respect to assignments in any Federal agency that involve foreign relations and science or technology and related matters.

7 Sec. 5171(c) of Public Law 100-418 (102 Stat. 1453) added a new subsec. (d).

8 22 U.S.C. 2656d.

9Sec. 5171(d) of Public Law 100-418 (102 Stat. 1453) redesignated subsec. (a) as (a)(1); struck out "policy" and inserted "policies"; and added paragraphs (2) and (3).

(A) Federal technology management policies set forth by Public Law 96-517 and the Stevenson-Wydler Technology Innovation Act of 1980;

(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) The Secretary shall, to such extent or in such amounts as are provided in appropriation Acts, enter into long-term contracts, including contracts for the services of consultants, and shall make grants and take other appropriate measures in order to obtain studies, analyses, and recommendations from knowledgeable persons and organizations with respect to the application of science or technology to problems of foreign policy.

(c) The Secretary shall, to such extent or in such amounts as are provided in appropriation Acts, enter into short-term and long-term contracts, including contracts for the services of consultants, and shall make grants and take other appropriate 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 technology 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) In obtaining assistance pursuant to subsection (c) in training personnel who are officers or employees of the Department of State, the Secretary may provide for detached service for graduate study at accredited colleges and universities. (e)10 *** [Repealed-1982]

10 Subsec. (e), which had required a report from the Secretary of State concerning the coordination and oversight of all major science or science and technology agreements and activities between the United States and foreign countries, international organizations, or commissions, was repealed by sec. 505(a)(2) of Public Law 97-241 (96 Stat. 299). The Secretary submitted

(2) Establishment of Bureau of Oceans and International Environmental and Scientific Affairs 1

Partial text of Public Law 93-126 [Department of State Appropriations Authorization Act of 1973; H.R. 7645], 87 Stat. 451, approved October 18, 1973; as amended

AN ACT To authorize appropriations for the Department of State, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Department of State Appropriations Authorization Act of 1973".

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BUREAU OF OCEANS AND INTERNATIONAL ENVIRONMENTAL AND

SCIENTIFIC AFFAIRS

SEC. 9.2 (a)3 There is established within the Department of State a Bureau of Oceans and International Environmental and Scientific Affairs. There shall be an Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs, appointed by the President, by and with the advice and consent of the Senate, who shall be the head of the Bureau and who shall have responsibility for matters relating to oceans, environmental, scientific, fisheries, wildlife, and conservation affairs and for such other related duties as the Secretary may from time to time designate.5

II.

1This Public Law also may be found in Legislation on Foreign Relations Through 1996, vol. 2 22 U.S.C. 2655a.

3 Sec. 162(q)(2) of the Foreign Relations Act, Fiscal Years 1994 and 1995 (Public Law 103236; 108 Stat. 410), struck out subsec. (b) to this section, which had amended 5 U.S.C. 5315 to add reference to this Assistant Secretary of State.

4 Sec. 162(q)(1)(A) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 410), struck out "In addition to the positions provided under the first section of the Act of May 26, 1949, as amended (22 U.S.C. 2652), there" and inserted in lieu thereof "There".

5 Sec. 162(q)(1)(B) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 410), inserted "and for such other related duties as the Secretary may from time to time designate".