§ 278g. — International activities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC278g]
TITLE 15--COMMERCE AND TRADE
CHAPTER 7--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
Sec. 278g. International activities
(a) Financial assistance to foreign nationals
The Secretary is authorized, notwithstanding any other provision of
law, to expend such sums, within the limit of appropriated funds, as the
Secretary may deem desirable, through the grant of fellowships or any
other form of financial assistance, to defray the expenses of foreign
nationals not in service to the Government of the United States while
they are performing scientific or engineering work at the Institute or
participating in the exchange of scientific or technical information at
the Institute.
(b) Foreign assistance and compensation to Institute employees
The Congress consents to the acceptance by employees of the
Institute of fellowships, lectureships, or other positions for the
performance of scientific or engineering activities or for the exchange
of scientific or technical information, offered by a foreign government,
and to the acceptance and retention by an employee of the Institute of
any form of financial or other assistance provided by a foreign
government as compensation for or as a means of defraying expenses
associated with the performance of scientific or engineering activities
or the exchange of scientific or technical information, in any case
where the acceptance of such fellowship, lectureship, or position or the
acceptance and retention of such assistance is determined by the
Secretary to be appropriate and consistent with the interests of the
United States. For the purposes of this subsection, the definitions
appearing in section 7342(a) of title 5 apply. Civil actions may be
brought and penalties assessed against any employee who knowingly
accepts and retains assistance from a foreign government not consented
to by this subsection in the same manner as is prescribed by section
7342(h) of title 5.
(c) Prohibition on use of appropriations inapplicable
Provisions of law prohibiting the use of any part of any
appropriation for the payment of compensation to any employee or officer
of the Government of the United States who is not a citizen of the
United States shall not apply to the payment of compensation to
scientific or engineering personnel of the Institute.
(d) Recruitment and employment of resident aliens
For any scientific and engineering disciplines for which there is a
shortage of suitably qualified and available United States citizens and
nationals, the Secretary is authorized to recruit and employ in
scientific and engineering fields at the Institute foreign nationals who
have been lawfully admitted to the United States for permanent residence
under the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] and
who intend to become United States citizens. Employment of a person
under this paragraph shall not be subject to the provisions of title 5
governing employment in the competitive service, or to any prohibition
in any other Act against the employment of aliens, or against the
payment of compensation to them.
(Mar. 3, 1901, ch. 872, Sec. 17, as added Pub. L. 96-461, Sec. 9, Oct.
15, 1980, 94 Stat. 2051; amended Pub. L. 100-418, title V,
Sec. 5115(a)(1), Aug. 23, 1988, 102 Stat. 1433; Pub. L. 102-245, title
I, Sec. 104(h)(2), Feb. 14, 1992, 106 Stat. 11.)
References in Text
The Immigration and Nationality Act, referred to in subsec. (d), is
act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is
classified principally to chapter 12 (Sec. 1101 et seq.) of Title 8,
Aliens and Nationality. For complete classification of this Act to the
Code, see Short Title note set out under section 1101 of Title 8 and
Tables.
The provisions of title 5 governing employment in the competitive
service, referred to in subsec. (d), are classified generally to section
3301 et seq. of Title 5, Government Organization and Employees.
Prior Provisions
A prior section 278g, act Mar. 3, 1901, ch. 872, Sec. 17, as added
Mar. 1, 1968, Pub. L. 90-259, title I, Sec. 102, 82 Stat. 35, related to
grants to States, local governments, other non-Federal public agencies,
and non-profit institutions, reimbursement of Federal agencies,
delegation of powers, advance of public moneys, cooperation of Federal
agencies, and issuance of rules and regulations, prior to repeal by Pub.
L. 93-498, Sec. 18, Oct. 29, 1974, 88 Stat. 1545.
Amendments
1992--Subsec. (d). Pub. L. 102-245 added subsec. (d).
1988--Pub. L. 100-418 substituted ``Institute'' for ``National
Bureau of Standards'' wherever appearing.
Effective Date
Section 11 of Pub. L. 96-461 provided that: ``The effective date of
sections 8 and 9 of this Act [enacting this section, amending section
278d of this title, and enacting provisions set out below] shall be
October 1, 1980.''
Congressional Declaration of Purpose
Section 9 of Pub. L. 96-461, as amended by Pub. L. 100-418, title V,
Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433, provided in part that this
section was enacted ``[i]n order to develop and strengthen the expertise
of the National Institute of Standards and Technology in science and
engineering, to enhance the Secretary's ability to maintain the
Institute's programs at the forefront of worldwide developments in
science and engineering, and to cooperate in international scientific
activities''.
