§ 2021. — Agency appointments by President.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2021]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 28--INTERNATIONAL ATOMIC ENERGY AGENCY PARTICIPATION
Sec. 2021. Agency appointments by President
(a) Representative and deputy representative; terms; functions
The President, by and with the advice and consent of the Senate,
shall appoint a representative and a deputy representative of the United
States to the International Atomic Energy Agency (referred to in this
chapter as the ``Agency''), who shall hold office at the pleasure of the
President. Such representative and deputy representative shall represent
the United States on the Board of Governors of the Agency, may represent
the United States at the General Conference, and may serve ex officio as
United States representative on any organ of that Agency, and shall
perform such other functions in connection with the participation of the
United States in the Agency as the President may from time to time
direct. The Representative of the United States to the Vienna office of
the United Nations shall also serve as representative of the United
States to the Agency.
(b) Specified sessions
The President, by and with the advice and consent of the Senate, may
appoint or designate from time to time to attend a specified session or
specified sessions of the General Conference of the Agency a
representative of the United States and such number of alternates as he
may determine consistent with the rules of procedure of the General
Conference.
(c) Designation of other persons
The President may also appoint or designate from time to time such
other persons as he may deem necessary to represent the United States in
the organs of the Agency. The President may designate any officer of the
United States Government, whose appointment is subject to confirmation
by the Senate, to act, without additional compensation, for temporary
periods as the representative of the United States on the Board of
Governors or to the General Conference of the Agency in the absence or
disability of the representative and deputy representative appointed
under subsection (a) of this section or in lieu of such representatives
in connection with a specified subject matter.
(d) Compensation; allowances and benefits
All persons appointed or designated in pursuance of authority
contained in this section shall receive compensation at rates determined
by the President upon the basis of duties to be performed but not in
excess of rates authorized by sections 401, 402, and 403 of the Foreign
Service Act of 1980 [22 U.S.C. 3961, 3962, and 3963] for chiefs of
mission, members of the Senior Foreign Service, and Foreign Service
officers occupying positions of equivalent importance, except that no
Member of the Senate or House of Representatives or officer of the
United States who is designated under subsection (b) or subsection (c)
of this section as a delegate or representative of the United States or
as an alternate to attend any specified session or specified sessions of
the General Conference shall be entitled to receive such compensation.
Any person who receives compensation pursuant to the provisions of this
subsection may be granted allowances and benefits not to exceed those
received under the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.]
by chiefs of mission, members of the Senior Foreign Service, and Foreign
Service officers occupying positions of equivalent importance.
(Pub. L. 85-177, Sec. 2, Aug. 28, 1957, 71 Stat. 453; Pub. L. 96-465,
title II, Sec. 2206(a)(7)(A), Oct. 17, 1980, 94 Stat. 2161; Pub. L. 106-
113, div. B, Sec. 1000(a)(7) [div. A, title VII, Sec. 708(b)], Nov. 29,
1999, 113 Stat. 1536, 1501A-462.)
References in Text
The Foreign Service Act of 1980, referred to in subsec. (d), is Pub.
L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is classified
principally to chapter 52 (Sec. 3901 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note
set out under section 3901 of this title and Tables.
Amendments
1999--Subsec. (a). Pub. L. 106-113 inserted at end ``The
Representative of the United States to the Vienna office of the United
Nations shall also serve as representative of the United States to the
Agency.''
1980--Subsec. (d). Pub. L. 96-465 substituted ``sections 401, 402,
and 403 of the Foreign Service Act of 1980 for chiefs of mission,
members of the Senior Foreign Service,'' for ``sections 866 and 867 of
this title, for Chiefs of Mission'' and ``under the Foreign Service Act
of 1980 by chiefs of mission, members of the Senior Foreign Service,''
for ``by Chiefs of Mission''.
Effective Date of 1999 Amendment
Amendment by Pub. L. 106-113 applicable to individuals appointed on
or after Nov. 29, 1999, see section 1000(a)(7) [div. A, title VII,
Sec. 708(c)] of Pub. L. 106-113, set out as a note under section 287 of
this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an
Effective Date note under section 3901 of this title.
Short Title of 2002 Amendment
Pub. L. 107-228, div. B, title XIII, Sec. 1341, Sept. 30, 2002, 116
Stat. 1451, provided that: ``This subtitle [subtitle D (Secs. 1341-1345)
of title XIII of div. B of Pub. L. 107-228, enacting section 2027 of
this title, amending section 2227 of this title, and enacting provisions
set out as a note under this section] may be cited as the `Iran Nuclear
Proliferation Prevention Act of 2002'.''
Short Title
Section 1 of Pub. L. 85-177 provided that: ``This Act [enacting this
chapter and amending section 2074 of Title 42, The Public Health and
Welfare] may be cited as the `International Atomic Energy Agency
Participation Act of 1957'.''
Reporting Requirements
Pub. L. 107-228, div. B, title XIII, Sec. 1344, Sept. 30, 2002, 116
Stat. 1452, provided that:
``(a) In General.--Not later than 180 days after the date of
enactment of this Act [Sept. 30, 2002], and on an annual basis
thereafter for five years, the Secretary, in consultation with the
United States representative to the International Atomic Energy Agency,
shall prepare and submit to Congress a report that contains--
``(1) a description of the total amount of annual assistance to
Iran from the International Atomic Energy Agency;
``(2) a list of Iranian officials in leadership positions at the
Agency;
``(3) the expected timeframe for the completion of the nuclear
power reactors at the Bushehr nuclear power plant;
``(4) a summary of the nuclear materials and technology
transferred to Iran from the Agency in the preceding year that could
assist in the development of Iran's nuclear weapons program; and
``(5) a description of all programs and projects of the
International Atomic Energy Agency in each country described in
section 307(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2227(a)) and any inconsistencies between the technical cooperation
and assistance programs and projects of the Agency and United States
nuclear nonproliferation and safety goals in those countries.
``(b) Additional Requirement.--The report required to be submitted
under subsection (a) shall be submitted in an unclassified form, to the
extent appropriate, but may include a classified annex.''
[For definition of ``Secretary'' as used in section 1344 of Pub. L.
107-228, set out above, see section 3 of Pub. L. 107-228, set out as a
note under section 2651 of this title.]
Opposition to Certain Programs or Projects; Reporting Requirements
Pub. L. 105-277, div. G, subdiv. B, title XXVIII, Sec. 2809(b), (c),
Oct. 21, 1998, 112 Stat. 2681-850, provided that:
``(b) Opposition to Certain Programs or Projects.--The Secretary of
State shall direct the United States representative to the International
Atomic Energy Agency to oppose the following:
``(1) Technical assistance programs or projects of the Agency at
the Juragua Nuclear Power Plant near Cienfuegos, Cuba, and at the
Pedro Pi Nuclear Research Center.
``(2) Any other program or project of the Agency in Cuba that
is, or could become, a threat to the security of the United States.
``(c) Reporting Requirements.--
``(1) Request for iaea reports.--The Secretary of State shall
direct the United States representative to the International Atomic
Energy Agency to request the Director-General of the Agency to
submit to the United States all reports prepared with respect to all
programs or projects of the Agency that are of concern to the United
States, including the programs or projects described in subsection
(b).
``(2) Annual reports to the congress.--Not later than 180 days
after the date of the enactment of this Act [Oct. 21, 1998], and on
an annual basis thereafter, the Secretary of State, in consultation
with the United States representative to the International Atomic
Energy Agency, shall prepare and submit to the Congress a report
containing a description of all programs or projects of the Agency
in each country described in section 307(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2227(a)).''
Privileges, Exemptions, and Immunities
Entitlement of Agency to privileges, exemptions, and immunities as
an international organization, see note set out under section 288 of
this title.
Termination of Authority Under This Section
Authority under this section to terminate if Senate refuses its
advice and consent by a formal vote to an amendment to the Statute of
the Agency, see section 2026 of this title.
Section Referred to in Other Sections
This section is referred to in sections 2023, 2024, 2026 of this
title.
