8288f-1. European Space Research Organization; ex

tension of privileges, exemptions, and immunities to members.

The provisions of this title may be extended to the European Space Research Organization in the same manner, to the same extent, and subject to the same conditions, as they may be extended to a public international organization in which the United States participates pursuant to any treaty or under the authority of any Act of Congress authorizing such participation or making an appropriation for such participation. (Dec. 29, 1945, ch. 652, title I, § 11, as added Feb. 2, 1966, Pub. L. 89-353, 80 Stat. 5.)

REFERENCE IN TEXT

"This title", referred to in text, is Title I of Act Dec. 29, 1945, c. 652, 59 Stat. 669, which is classified principally to this section and sections 288 to 288f of this title. Title I of the Act is known as the International Organizations Immunities Act. For complete classification of the Act, see Short Title note set out under section 288 of this title. SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 288, 288e, 288f of this title.

§ 288g. Organization of American States; extension of privileges and immunities to members.

Under such terms and conditions as he shall determine, the President is authorized to extend, or to enter into an agreement extending, to the representatives of member states (other than the United States) on the Council of the Organization of American States, and to members of their staffs, the same privileges and immunities, subject to corresponding conditions and obligations, as are enjoyed by diplomatic envoys accredited to the United States. 10, 1952, ch. 628, 66 Stat. 516.)

(July

INTERNATIONAL REFUGEE ORGANIZATION

§ 289. Acceptance of membership by the United States; conditions.

The President is hereby authorized to accept membership for the United States in the International Refugee Organization (hereinafter referred to as the "Organization"), the constitution of which was approved in New York on December 15, 1946, by the General Assembly of the United Nations, and deposited in the archives of the United Nations: Provided, however, That this authority is granted and the approval of the Congress of the acceptance of membership of the United States in the International Refugee Organization is given upon condition and with the reservation that no agreement shall be concluded on behalf of the United States and no action shall be taken by any officer, agency, or any other person and acceptance of the constitution of the Organization by or on behalf of the Government of the United States shall not constitute or authorize action (1) whereby any person shall be admitted to or settled or resettled in the United States or any of its Territories or possessions without prior approval thereof by the Congress, and this joint resolution shall not be construed as such prior approval, or (2) which will have the effect of abrogating, suspending, modifying, adding to, or superseding any of the immigration laws or any other laws of the United States. (July 1, 1947, ch. 185. § 1, 61 Stat. 214.)

CROSS REFERENCES Immigration laws generally, see Title 8, Aliens and Nationality.

§ 289a. Designation of representative and alternates; compensation.

The President shall designate from time to time a representative of the United States and not to exceed two alternates to attend a specified session or specified sessions of the general council of the Organization. Whenever the United States is elected to membership on the executive committee, the President shall designate from time to time, either from among the aforesaid representative and alternates or otherwise, a representative of the United States and not to exceed one alternate to attend sessions of the executive committee. Such representative or representatives shall each be entitled to receive compensation at a rate not to exceed $12,000 per annum, and any such alternate shall be entitled to receive compensation at a rate not to exceed $10,000 per annum, for such period or periods as the President may specify, except that no Member of the Senate or House of Representatives or officer of the United States who is designated as such a representative shall be entitled to receive such compensation. (July 1, 1947, ch. 185, § 2, 61 Stat. 215.)

§ 289b. Appropriations; payment of salaries and ex

penses.

There is hereby authorized to be appropriated annually to the Department of State

(a) such sums, not to exceed $73,325,000 for the fiscal year beginning July 1, 1947, as may be necessary for the payment of United States contributions to the Organization (consisting of supplies, services, or funds and all necessary expenses related thereto) as determined in accordance with article 10 of the constitution of the Organization; and

(b) such sums, not to exceed $175,000 for the fiscal year beginning July 1, 1947, as may be necessary for the payment of

(1) salaries of the representative or representatives and alternates provided for in section 289a of this title, and appropriate staff, including personal services in the District of Columbia and elsewhere, without regard to the civil-service laws and chapter 51 and subchapter III of chapter 53 of Title 5; and

(2) such other expenses as the Secretary of State deems necessary to participation by the United States in the activities of the Organization: Provided, That the provisions of section 287e of this title and regulations thereunder, applicable to expenses incurred pursuant to sections 287 to 287e of this title shall be applicable to any expenses incurred pursuant to this paragraph. (July 1, 1947, ch. 185, § 3, 61 Stat. 215; Oct. 28, 1949, ch. 782, title XI, § 1106 (a), 63 Stat. 972.)

REFERENCES IN TEXT

The civil-service laws, referred to in subsec. (b) (1). are classified generally to Title 5, Government Organization and Employees.

AMENDMENTS

1949-Subsec. (b) (1). Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923", which, for purposes of codification, is translated

as "chapter 51 and subchapter III of chapter 53 of Title 5".

CROSS REFERENCES

Consent by State Department to contributions to international organizations and reports to Congress, see section 262a of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 289d of this title.

§ 289c. Transfer of funds; furnishing supplies and services; additional employees; accounting for reimbursements.

(a) Sums from the appropriations made pursuant to subsection (a) of section 289b of this title may be transferred to any department, agency, or independent establishment of the Government to carry out the purposes of such subsection, and such sums shall be available for obligation and expenditure in accordance with the laws governing obligations and expenditures of the department, agency, independent establishment, or organizational unit thereof concerned, and without regard to section 529 of Title 31 and section 5 of Title 41.

(b) Upon request of the Organization, any department, agency, or independent establishment of the Government (upon receipt of advancements or reimbursements for the cost and necessary expenses) may furnish supplies, or if advancements are made may procure and furnish supplies, and may furnish or procure and furnish services, to the Organization. When reimbursement is made it shall be credited, at the option of the department, agency, or independent establishment concerned, either to the appropriation, fund, or account utilized in incurring the obligation, or to an appropriate appropriation fund, or account which is current at the time of such reimbursement. (July 1, 1947, ch. 185, § 4, 61 Stat. 215; Sept. 6, 1966, Pub. L. 89-554, § 8(a), 80 Stat. 654.)

AMENDMENTS

1966 Subsec. (b). Pub. L. 89-554 eliminated proviso which excepted certain personnel from the ceiling imposed by former section 947 of Title 5.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 289d of this title.

§ 289d. Advance contributions.

During the interim period, if any, between July 1, 1947, and the coming into force of the constitution of the Organization, the Secretary of State is authorized from appropriations made pursuant to subsection (a) of section 289b of this title, to make advance contributions to the Preparatory Commission for the International Refugee Organization, established pursuant to an agreement dated December 15, 1946, between the governments signatory to the constitution of the Organization, at a rate of not to exceed onetwelfth per month of the United States contribution to the Organization contemplated by said subsection. Such advance contributions to the said Preparatory Commission shall be deducted from the said contribution to the Organization for the first fiscal year as provided in paragraph 6 of the said agreement. The provisions of subsections (a) and (b) of section 289c of this title shall be applicable, respectively, to such advance contributions and to the procurement and furnishing of supplies and services to the said

Preparatory Commission. (July 1, 1947, ch. 185, § 5, 61 Stat. 216.)

WORLD HEALTH ORGANIZATION

§ 290. Acceptance of membership by the United States. The President is hereby authorized to accept membership for the United States in the World Health Organization (hereinafter referred to as the Organization), the constitution of which was adopted in New York on July 22, 1946, by the International Health Conference for the establishment of an International Health Organization, and deposited in the archives of the United Nations. (June 14, 1948, ch. 469, § 1, 62 Stat. 441.)

INTERNATIONAL HEALTH ADMINISTRATION

Ex. Ord. No. 10399, Sept. 29, 1952, 17 F.R. 8648, designated the Surgeon General to perform certain duties under the International Sanitary Regulations of the World Health Organization.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 290c, 290d of this title.

§ 290a. Designation of representatives and alternates; compensation; loyalty checkup.

The President shall designate from time to time to attend a specified session or specified sessions of the World Health Assembly of the Organization not to exceed three delegates of the United States and such number of alternates as he may determine consistent with the rules of procedure of the World Health Assembly. One of the delegates shall be designated as the chief delegate. Whenever the United States becomes entitled to designate a person to serve on the Executive Board of the Organization, under article 24 of the constitution of the Organization, the President shall designate a representative of the United States, by and with the advice and consent of the Senate, and may designate not to exceed one alternate to attend sessions of the Executive Board. Such representative must be a graduate of a recognized medical school and have spent not less than three years in active practice as a physician or surgeon. Such representative and any such alternate shall each be entitled to receive compensation at one of the rates provided by section 867 of this title, for such period or periods as the President may specify, except that no Member of the Senate or House of Representatives or officer of the United States who is thus designated shall be entitled to receive such compensation: Provided, That no person shall serve as such representative, delegate, or alternate until such person has been investigated as to loyalty and security by the Civil Service Commission. (June 14, 1948, ch. 469, § 2, 62 Stat. 441; Apr. 5, 1952, ch. 159, § 1, 66 Stat. 43; Oct. 11, 1962, Pub. L. 87-793, § 1001(i), 76 Stat. 865.)

AMENDMENTS

1962-Pub. L. 87-793 substituted "Such representative and any such alternate shall each be entitled to receive compensation at one of the rates provided by section 867 of this title" for "Such representative shall be entitled to receive compensation at a rate not to exceed $12,000 per annum and any such alternate shall be entitled to receive compensation at a rate not to exceed $10,000 per annum."

1952-Act Apr. 5, 1952, substituted the "Civil Service Commission" for the "Federal Bureau of Investigation".

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment of section by Pub. L. 87-793 effective on the first day of the first pay period which begins on or after Oct. 11, 1962, see section 1008 of Pub. L. 87-793, set out as a note under section 1161 of Title 5, Executive Departments and Government Officers and Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 290b, 290c, 290d of this title; title 5 section 1304.

§ 290b. Appropriations; payment of salaries and ex

penses.

There are hereby authorized to be appropriated to the Department of State for contribution to the working capital fund of the organization the sum of $560,000 and as annual appropriations the following:

(a) such sums as may be necessary for the payment by the United States of its share of the expenses of the Organization as apportioned by the Health Assembly in accordance with article 56 of the constitution of the Organization, except that payments by the United States for any fiscal year of the Organization after 1958 shall not exceed 333 per centum of the total assessments of active members of the Organization for such fiscal year; and

(b) such additional sums, not to exceed $83,000 for the fiscal year beginning July 1, 1947, as may be necessary to pay the expenses incident to participation by the United States in the activities of the Organization, including—

(1) salaries of the representative and alternate provided for in section 290a of this title, and appropriate staff, including personal services in the District of Columbia and elsewhere, without regard to the civil-service laws and chapter 51 and subchapter III of chapter 53 of Title 5; services as authorized by section 55a of Title 5; under such rules and regulations as the Secretary of State may prescribe, allowances for living quarters, including heat, fuel, and light and cost of living allowances to persons temporarily stationed abroad; printing and binding without regard to section 111 of Title 44 and section 5 of Title 41; and

(2) such other expenses as the Secretary of State deems necessary to participation by the United States in the activities of the Organization: Provided, That the provisions of section 287r of this title, and regulations thereunder, applicable to expenses incurred pursuant to sections 287m to 287t of this title shall be applicable to any expenses incurred pursuant to this paragraph. (June 14, 1948, ch. 469, § 3, 62 Stat. 441; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Sept. 21, 1950, ch. 976, § 1 (d), 64 Stat. 902; Aug. 26, 1954, ch. 937, ch. II, § 419, as added July 8, 1955, ch. 301, § 8 (j), 69 Stat. 288.)

REFERENCES IN TEXT

The civil-service laws, referred to in subsec. (b) (1), are classified generally to Title 5, Government Organization and Employees.

Section 55a of Title 5, referred to in subsec. (a)(1), is now covered by section 3109 of Title 5.

Section 111 of Title 44, referred to in subsec. (a) (1), is now covered by section 501 of Title 44, Public Printing and Documents.

AMENDMENTS

1955 Subsec. (a). Act July 8, 1955, removed the limitation of $3,000,000 which may be appropriated annually, and limited payments by the United States to not more than 33 per centum of the total assessments.

1950 Opening par. amended by Joint Res. Sept. 21, 1950, § 1 (d) (1), to provide for a contribution of $560,000 to the working capital fund.

Subsec. (a). Joint Res. Sept. 21, 1950, § 1 (d) (2), increased the authorized annual appropriation from $1,920,000 to $3,000,000.

1949 Subsec. (b)(1). Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923", which, for purposes of codification, is translated as "chapter 51 and subchapter III of chapter 53 of Title 5".

REPEALS

Pub. L. 85-141, § 8 (n), Aug. 14, 1957, 71 Stat. 362, repealed section 419 of act Aug. 26, 1954, except in so far as section 419 affected this section.

ANNUAL APPROPRIATIONS

Annual appropriations to meet the obligations of membership in the World Health Organization were contained in the following Department of State Appropriation Act: 1970 Pub. L. 91-472, title I, § 101, Oct. 21, 1970, 84 Stat. 1041.

LIMITATION OF CONTRIBUTIONS Contributions by United States, except for special projects, limited to amount provided by Joint Res. Sept. 21, 1950; consent by State Department and reports to Congress, see section 262a of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 262a, 290c, 290d of this title.

§ 290c. Withdrawal from Organization on one-year notice.

In adopting sections 290 to 290e of this title the Congress does so with the understanding that, in the absence of any provision in the World Health Organization Constitution for withdrawal from the Organization, the United States reserves its right to withdraw from the Organization on a one-year notice: Provided, however, That the financial obligations of the United States to the Organization shall be met in full for the Organization's current fiscal year. (June 14, 1948, ch. 469, § 4, 62 Stat. 442.) SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 290d of this title.

§ 290d. Enactment of specific legislation by Congress. In adopting sections 290 to 290e of this title, the Congress does so with the understanding that nothing in the Constitution of the World Health Organization in any manner commits the United States to enact any specific legislative program regarding any matters referred to in said Constitution. (June 14, 1948, ch. 469, § 5, 62 Stat. 442.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 290c of this title. § 290e. Congressional declaration of policy.

The Congress of the United States, recognizing that the diseases of mankind, because of their widespread prevalence, debilitating effects, and heavy toll in human life, constitute a major deterrent to the efforts of many peoples to develop their economic resources and productive capacities, and to improve their living conditions, declares it to be the policy of the United States to continue and strengthen mutual efforts among the nations for research against diseases such as heart disease and

cancer. In furtherance of this policy, the Congress invites the World Health Organization to initiate studies looking toward the strengthening of research and related programs against these and other diseases common to mankind or unique to individual regions of the globe. (June 14, 1948, ch. 469, § 6, as added June 30, 1958, Pub. L. 85-477, ch. V, § 502 (m), 72 Stat. 275.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 290c, 290d of this title.

INTER-AMERICAN SOCIAL DEVELOPMENT INSTITUTE

§ 290f. Inter-American Social Development Institute. (a) Establishment.

There is created as an agency of the United States of America a body corporate to be known as the "Inter-American Social Development Institute" (hereafter in this section referred to as the "Institute").

(b) Congressional declaration of purpose.

The future of freedom, security, and economic development in the Western Hemisphere rests on the realization that man is the foundation of all human progress. It is the purpose of this section to provide support for developmental activities designed to achieve conditions in the Western Hemisphere under which the dignity and the worth of each human person will be respected and under which all men will be afforded the opportunity to develop their potential, to seek through gainful and productive work the fulfillment of their aspirations for a better life, and to live in justice and peace. To this end, it shall be the purpose of the Institute, primarily in cooperation with private, regional, and international organizations, to—

(1) strengthen the bonds of friendship and understanding among the peoples of this hemisphere;

(2) support self-help efforts designed to enlarge the opportunities for individual development;

(3) stimulate and assist effective and ever wider participation of the people in the development process;

(4) encourage the establishment and growth of democratic institutions, private and governmental, appropriate to the requirements of the individual sovereign nations of this hemisphere. In pursuing these purposes, the Institute shall place primary emphasis on the enlargement of educational opportunities at all levels, the production of food and the development of agriculture, and the improvement of environmental conditions relating to health, maternal and child care, family planning, housing, free trade union development, and other social and economic needs of the people.

(c) Programs and projects to achieve purposes.

The Institute shall carry out the purposes set forth in subsection (b) of this section primarily through and with private organizations, individuals, and international organizations by undertaking or sponsoring appropriate research and by planning, initiating, assisting, financing, administering, and

executing programs and projects designed to promote the achievement of such purposes.

(d) Coordination of activities with national and international agencies.

In carrying out its functions under this section, the Institute shall, to the maximum extent possible, coordinate its undertakings with the developmental activities in the Western Hemisphere of the various organs of the Organization of American States, the United States Government, international organizations, and other entities engaged in promoting social and economic development of Latin America. (e) Powers and functions.

The Institute, as a corporation—

(1) shall have perpetual succession unless sooner dissolved by an Act of Congress;

(2) may adopt, alter, and use a corporate seal, which shall be judicially noticed;

(3) may make and perform contracts and other agreements with any individual, corporation, or other body of persons however designated whether within or without the United States of America, and with any government or governmental agency, domestic or foreign;

(4) shall determine and prescribe the manner in which its obligations shall be incurred and its expenses allowed and paid;

(5) may, as necessary for the transaction of the business of the Institute, employ, and fix the compensation of not to exceed one hundred persons at any one time;

(6) may acquire by purchase, devise, bequest, or gift, or otherwise lease, hold, and improve, such real and personal property as it finds to be necessary to its purposes, whether within or without the United States, and in any manner dispose of all such real and personal property held by it and use as general funds all receipts arising from the disposition of such property;

(7) shall be entitled to the use of the United States mails in the same manner and on the same conditions as the executive departments of the Government;

(8) may, with the consent of any board, corporation, commission, independent establishment, or executive department of the Government, including any field service thereof, avail itself of the use of information, services, facilities, officers, and employees thereof in carrying out the provisions of this section;

(9) may accept money, funds, property, and services of every kind by gift, device,1 bequest, grant, or otherwise, and make advances, grants, and loans to any individual, corporation, or other body of persons, whether within or without the United States of America, or to any government or governmental agency, domestic or foreign, when deemed advisable by the Institute in furtherance of its purposes;

(10) may sue and be sued, complain, and defend, in its corporate name in any court of competent jurisdiction; and

1 So in original. Probably should be "devise".

(11) shall have such other powers as may be necessary and incident to carrying out its powers and duties under this section.

(f) Disposal of assets on liquidation.

Upon termination of the corporate life of the Institute all of its assets shall be liquidated and, unless otherwise provided by Congress, shall be transferred to the United State Treasury as the property of the United States.

(g) Board of directors; number, term, and appointment.

The management of the Institute shall be vested in a board of directors (hereafter in this section referred to as the "Board") composed of seven members appointed by the President, by and with the advice and consent of the Senate, one of whom he shall designate to serve as Chairman of the Board and one of whom he shall designate to serve as Vice Chairman of the Board. Four members of the Board shall be appointed from private life. Three members of the Board shall be appointed from among officers or employees of agencies of the United States concerned with inter-American affairs. Members of the Board shall be appointed for terms of six years, except that of the members first appointed two shall be appointed for terms of two years and two shall be appointed for terms of four years, as designated by the President at the time of their appointment. A member of the Board appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term; but upon the expiration of his term of office a member shall continue to serve until his successor is appointed and shall have qualified. Members of the Board shall be eligible for reappointment.

(h) Reimbursement of expenses.

Members of the Board shall serve without additional compensation, but shall be reimbursed for actual and necessary expenses not in excess of $50 per day, and for transportation expenses, while engaged in their duties on behalf of the corporation. (i) Board; authority.

The Board shall direct the exercise of all the powers of the Institute.

(j) Rules and regulations; quorum of the Board.

The Board may prescribe, amend, and repeal bylaws, rules, and regulations governing the manner in which the business of the Institute may be conducted and in which the powers granted to it by law may be exercised and enjoyed. A majority of the Board shall be required as a quorum.

(k) Authority of the Board to appoint committees.

In furtherance and not in limitation of the powers conferred upon it, the Board may appoint such committees for the carrying out of the work of the Institute as the Board finds to be for the best interests of the Institute, each committee to consist of two or more members of the Board, which committees, together with officers and agents duly authorized by the Board and to the extent provided by the Board, shall have and may exercise the powers of the Board in the management of the business and affairs of the Institute.

(1) Executive Director; appointment and compensation.

The chief executive officer of the Institute shall be an Executive Director who shall be appointed by the Board of Directors on such terms as the Board may determine. The Executive Director shall receive compensation at the rate provided for level IV of the Executive Schedule under section 5315 of Title 5.

(m) Establishment of Council; consultation by the Board; reimbursement of expenses of members of the Council.

In order to further the purposes of the Institute there shall be established a Council to be composed of such number of individuals as may be selected by the Board from among individuals knowledgeable concerning developmental activities in the Western Hemisphere. The Board shall, from time to time, consult with the Council concerning the objectives of the Institute. Members of the Council shall receive no compensation for their services but shall be entitled to reimbursement in accordance with section 5703 of Title 5 for travel and other expenses incurred by them in the performance of their functions under this subsection.

(n) Nonprofit nature of the Institute; conflict of interests.

The Institute shall be a nonprofit corporation and shall have no capital stock. No part of its revenue earnings, or other income or property shall inure to the benefit of its directors, officers, and employees and such revenue, earnings, or other income, or property shall be used for the carrying out of the corporate purposes set forth in this section. No director, officer, or employee of the corporation shall in any manner directly or indirectly participate in the deliberation upon or the determination of any question affecting his personal interests or the interests of any corporation, partnership, or organization in which he is directly or indirectly interested. (0) Personnel; service in foreign governments or agencies.

When approved by the Institute, in furtherance of its purpose, the officers and employees of the Institute may accept and hold offices or positions to which no compensation is attached with governments or governmental agencies of foreign countries. (p) Service of employees of other agencies in the Institute; rights and privileges.

The Secretary of State shall have authority to detail employees of any agency under his jurisdiction to the Institute under such circumstances and upon such conditions as he may determine. Any such employee so detailed shall not lose any privileges, rights, or seniority as an employee of any such agency by virtue of such detail.

(q) Establishment of principal and branch offices.

The Institute shall establish a principal office. The Institute is authorized to establish agencies, branch offices, or other offices in any place or places within the United States or elsewhere in any of which locations the Institute may carry on all or any of its operations and business.

(r) Exemption from tax.

The Institute, including its franchise and income, shall be exempt from taxation now or hereafter im