§278g — Title 15 Commerce and Trade | U.S. Code

Summary

The Secretary may use available appropriated funds to support international organizations and foreign national metrology institutes that work with the Institute. The Secretary can pay for activities that improve measurement methods and standards, for official representation and events, and to transport or host foreign dignitaries. The Secretary may also give fellowships or other financial or logistical help to foreign scientists or engineers who are not U.S. government employees while they work at or share technical information with the Institute. Congress allows Institute employees to accept fellowships or other help from foreign governments if the Secretary says it is appropriate and in the United States’ interest. The definitions in 5 U.S.C. 7342(a) apply, and penalties under 5 U.S.C. 7342(h) can be used if an employee knowingly accepts unapproved foreign assistance. Rules that normally bar paying non‑U.S. citizens do not apply to the Institute’s scientific and engineering staff. If there are not enough qualified U.S. citizens, the Secretary may hire lawful permanent residents (per the Immigration and Nationality Act, 8 U.S.C. 1101 et seq.) who intend to become citizens; those hires are not subject to the usual competitive service rules or other bans on employing aliens.

Title 15, §278g

Commerce and Trade — Source: USLM XML via OLRC

(a)The Secretary is authorized, notwithstanding any other provision of law, to expend such sums, within the limit of appropriated funds, as the Secretary may determine desirable through direct support for activities of international organizations and foreign national metrology institutes with which the Institute cooperates to advance measurement methods, technical standards, and related basic technologies, for official representation, to host official receptions, dinners, and similar events, and to otherwise extend official courtesies, including transportation of foreign dignitaries and representatives of foreign national metrology institutes to and from the Institute, for the purpose of maintaining the standing and prestige of the Department of Commerce and the Institute, through the grant of fellowships or other appropriate form of financial or logistical assistance or support to 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)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Immigration and Nationality Act, referred to in subsec. (d), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 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.

Prior Provisions

A prior section 278g, act Mar. 3, 1901, ch. 872, § 17, as added Mar. 1, 1968, Pub. L. 90–259, title I, § 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, § 18, Oct. 29, 1974, 88 Stat. 1545.

Amendments

2022—Subsec. (a). Pub. L. 117–167 amended subsec. (a) generally. Prior to amendment, text read as follows: “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.” 1992—Subsec. (d). Pub. L. 102–245 added subsec. (d). 1988—Pub. L. 100–418 substituted “Institute” for “National Bureau of Standards” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 96–461, § 11, Oct. 15, 1980, 94 Stat. 2052, provided that: “The

Effective Date

of section 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 Pub. L. 96–461, § 9, Oct. 15, 1980, 94 Stat. 2051, as amended by Pub. L. 100–418, title V, § 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”.

§278g International Activities

Summary

Title 15, §278g

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Prior Provisions

Rules and Regulations

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata