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§ 2085 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 418

(1) to cooperate with the head of the designated

department or agency with respect to

determining the manner in which and the extent

to which the United States shall be a participant

in and an exhibitor at Interama; and

(2) to make available to the head of the designated

department or agency, on a reimbursable

basis, such personnel as may be necessary

to assist him in carrying out his functions

under this chapter.

(Pub. L. 89–355, § 4, Feb. 19, 1966, 80 Stat. 6.)

§ 2085. Authorization of appropriations

(a) There is authorized to be appropriated not

to exceed $7,500,000 to provide for United States

participation in Interama under this chapter, of

which not to exceed $250,000 shall be available

for expenditure in connection with the preparation

of the report required to be submitted to

the Congress under section 2(b) of this Act.

Sums appropriated under this subsection shall

remain available until expended.

(b) In addition to the amount authorized in

subsection (a) of this section, there is authorized

to be appropriated not to exceed $1,000,000 annually

for each of the fiscal years 1968 and 1969 for

the maintenance of United States installations

and activities at Interama.

(Pub. L. 89–355, § 5, Feb. 19, 1966, 80 Stat. 7.)

REFERENCES IN TEXT

Section 2(b) of this Act, referred to in subsec. (a),

means section 2(b) of Pub. L. 89–355, which was set out

as a note under section 2082 of this title.

CHAPTER 30—INTERNATIONAL COOPERATION

IN HEALTH AND MEDICAL RESEARCH

Sec.

2101. Statement of purpose.

2102. Authority of Secretary.

2103. Authority of President.

2104. Authority of Federal officers and agencies unaffected.

§ 2101. Statement of purpose

It is the purpose of this chapter—

(1) to advance the status of the health sciences

in the United States and thereby the

health of the American people through cooperative

endeavors with other countries in health

research, and research training; and

(2) to advance the international status of the

health sciences through cooperative enterprises

in health research, research planning,

and research training.

(Pub. L. 86–610, § 2, July 12, 1960, 74 Stat. 364.)

REFERENCES IN TEXT

This chapter, referred to in text, was in the original

‘‘this joint resolution’’, which enacted this chapter and

section 308 of the Public Health Service Act (act July

1, 1944, ch. 373, 58 Stat. 682). Such section 308 was redesignated

section 307 by Pub. L. 93–353, July 23, 1974, title

I, § 106, 88 Stat. 367, and is classified to section 242l of

Title 42, The Public Health and Welfare.

RECITAL

Pub. L. 86–610 provided that:

‘‘Whereas it is recognized that disease and disability

are the common enemies of all nations and peoples, and

that the means, methods, and techniques for combating

and abating the ravages of disease and disability and

for improving the health and health standards of man

should be sought and shared, without regard to national

boundaries and divisions; and

‘‘Whereas advances in combating and abating disease

and in the positive promotion of human health can be

stimulated by supporting and encouraging cooperation

among scientists, research workers, and teachers on an

international basis, with consequent benefit to the

health of our people and of all peoples; and

‘‘Whereas there already exist tested means for international

cooperation in matters relating to health, including

the World Health Organization, the Pan American

Health Organization, and the United Nations Children’s

Fund (UNICEF), with which the United States is

identified and associated, and it is highly desirable

that the United States establish domestic machinery

for the maximum mobilization of its health research

resources, the more efficiently to cooperate with and

support the research, research-training and researchplanning

endeavors of such international organizations:

Therefore be it * * *’’.

SHORT TITLE

Section 1 of Pub. L. 86–610 provided that: ‘‘This joint

resolution [enacting this chapter and section 242l of

Title 42, The Public Health and Welfare] may be cited

as the ‘International Health Research Act of 1960’.’’

SWINE INFLUENZA STUDY

Pub. L. 94–302, title III, § 301, May 31, 1976, 90 Stat. 596,

provided that:

‘‘(a) The Congress finds and declares that—

‘‘(1) the problems posed by swine influenza transcend

national and political boundaries;

‘‘(2) no one country, or even one portion of the

world, can singularly undertake the search for a

worldwide solution to the problems posed by swine

influenza;

‘‘(3) the global nature of swine influenza demands

international cooperation and coordination in the investigation

and planning for effective control of

swine influenza;

‘‘(4) the Public Health Service of the United States

has invited the World Health Organization of the

United Nations and its International Influenza Reference

Centers to participate in the investigation and

planning for the control of swine influenza;

‘‘(5) special collaboration has already been established

among the United States, the United Kingdom,

and Canada for mutual participation in the investigation

and planning for the control of swine influenza;

‘‘(6) the United States Department of State and the

Public Health Service of the United States have joint

programs to provide information to foreign countries

on the nature and extent of swine influenza and the

methods necessary to control it; and

‘‘(7) the technology of the United States for the surveillance

of virus disease and vaccine production

should be made available to foreign countries.

‘‘(b) It is the sense of the Congress that the President

should furnish assistance to foreign countries and

international organizations for the investigation and

planning for the control of swine influenza.’’

EX. ORD. NO. 13193. FEDERAL LEADERSHIP ON GLOBAL

TOBACCO CONTROL AND PREVENTION

Ex. Ord. No. 13193, Jan. 18, 2001, 66 F.R. 7387, provided:

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, it is hereby ordered as follows:

SECTION 1. Policy. It shall be the policy of the executive

branch to take strong action to address the potential

global epidemic of diseases caused by tobacco use.

The executive branch shall undertake activities to increase

its capacity to address global tobacco prevention

and control issues through coordinated domestic

action, limited bilateral assistance to individual naPage

419 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2102

tions, and support to multilateral organizations. International

activities shall be directed towards deterring

children from tobacco use, protecting nonsmokers, and

providing information about the adverse health effects

of tobacco use and the health benefits of cessation.

SEC. 2. Responsibilities of Federal Departments and

Agencies. (a) Tobacco Trade Policy. In the implementation

of international trade policy, executive departments

and agencies shall not promote the sale or export

of tobacco or tobacco products, or seek the reduction

or removal of foreign government restrictions on

the marketing and advertising of such products, provided

that such restrictions are applied equally to all

tobacco or tobacco products of the same type. Departments

and agencies are not precluded from taking necessary

actions in accordance with the requirements and

remedies available under applicable United States

trade laws and international agreements to ensure nondiscriminatory

treatment of United States products.

Nothing in this Executive Order shall be construed (1)

to modify the annual executive branch guidance to

United States diplomatic posts on health, trade, and

commercial aspects of tobacco, or (2) to affect any negotiating

position of the United States on the Framework

Convention on Tobacco Control.

(b) The Department of Health and Human Services’

(HHS) Role in Tobacco Trade Policy Deliberations. The

HHS shall be included in all deliberations of interagency

working groups, chaired by the United States

Trade Representative (USTR), that address issues relating

to trade in tobacco and tobacco products.

Through such participation, HHS shall advise the

USTR, and other interested Federal agencies, of the potential

public health impact of any tobacco-related

trade action that is under consideration. Upon conclusion

of a trade agreement that includes provisions specifically

addressing tobacco or tobacco products, the

USTR shall produce and make publicly available a

summary describing those provisions.

(c) International Tobacco Control Needs Assessment.

The HHS, with the cooperation of the Departments of

State, Commerce, and Agriculture, and in consultation

with the appropriate national Ministry of Health, shall

conduct a pilot assessment of tobacco use in a country

other than the United States. Such assessment will be

carried out through a compilation and review of surveys

and other needs assessments already available and

include:

(1) initial estimates of the burden of disease and

other public health consequences of tobacco use;

(2) the status of tobacco control regulatory measures

in place to curtail tobacco consumption and tobacco related

disease; and

(3) an analysis of the marketing, distribution, and

manufacturing practices of tobacco companies in given

regions, and the impact of those practices on smoking

rates, particularly among women and children. Such

assessment shall be prepared and provided to interested

agencies and other parties not later than December 31,

2001, and be updated as practicable.

(d) Research and Training in Tobacco Control. The

HHS will develop a research and training program linking

institutions in the United States and certain other

countries in the field of tobacco control. Emphasis will

be placed on the collection of standardized and comparable

surveillance data; networks for communication,

information and best practices; and the development

and evaluation of culturally-targeted approaches

to preventing tobacco use and increasing quit rates, especially

among women and children.

SEC. 3. General. (a) Executive departments and agencies

shall carry out the provisions of this order to the

extent permitted by law and consistent with their statutory

and regulatory authorities and their enforcement

mechanisms.

(b) This order clarifies and strengthens Administration

policy and does not create any right or benefit,

substantive or procedural, enforceable at law by a

party against the United States, its officers or employees,

or any other person.

WILLIAM J. CLINTON.

§ 2102. Authority of Secretary

(a) Use of health research and research training

resources

To carry out the purposes of clause (1) of section

2101 of this title, the Secretary of Health,

Education, and Welfare (hereafter referred to as

the ‘‘Secretary’’) may in the exercise of his responsibilities

under the Vocational Rehabilitation

Act, sections 191 to 194 of title 42, and any

other provision of law, to conduct and support

health research and research training, including

research and research training relating to the

rehabilitation of the handicapped, make such

use of health research and research training resources

in participating foreign countries as he

may deem necessary and desirable.

(b) Fellowships; equipment, meetings and conferences;

interchange of scientists and experts;

consultants; compensation and travel

expenses

To carry out his responsibilities under this

section the Secretary may—

(1) establish and maintain fellowships in the

United States and in participating foreign

countries;

(2) make grants to public institutions or

agencies and to nonprofit private institutions

or agencies in the United States and in participating

foreign countries for the purpose of

establishing and maintaining fellowships;

(3) make grants or loans of equipment, medical,

biological, physical, or chemical substances

or other materials, for use by public

institutions or agencies, or nonprofit private

institutions or agencies, or by individuals, in

participating foreign countries;

(4) participate and otherwise cooperate in

any international health or medical research

or research training meetings, conferences, or

other activities;

(5) facilitate the interchange between the

United States and participating foreign countries,

and among participating foreign countries,

of research scientists and experts who

are engaged in experiments and programs of

research or research training, and in carrying

out such purpose may pay per diem compensation,

subsistence, and travel for such scientists

and experts when away from their

places of residence at rates not to exceed those

provided in section 5703 of title 5 for persons in

the Government service intermittently employed;

and

(6) procure, in accordance with the provisions

of section 3109 of title 5, the temporary

or intermittent services of experts or consultants;

individuals so employed shall receive

compensation at a rate to be fixed by the Secretary,

but not in excess of $50 per diem, including

travel time, and while away from their

homes or regular places of business may be allowed

travel expenses, including per diem in

lieu of subsistence, as authorized by section

5703 of title 5 for persons in the Government

service employed intermittently.

(c) Definitions

For the purposes of this section—

(1) The term ‘‘health research’’ shall include,

but not be limited to, research, investigations,

§ 2103 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 420

and studies relating to causes and methods of

prevention of accidents, including but not limited

to highway and aviation accidents.

(2) The term ‘‘participating foreign countries’’

means those foreign countries which cooperate

with the United States in carrying out

the purposes of this section.

(Pub. L. 86–610, § 4, July 12, 1960, 74 Stat. 365.)

REFERENCES IN TEXT

The Vocational Rehabilitation Act, referred to in

subsec. (a), is act June 2, 1920, ch. 219, 41 Stat. 735, as

amended, which was classified generally to chapter 4

(§ 31 et seq.) of Title 29, Labor, and was repealed by

§ 500(a) of the Rehabilitation Act of 1973, Pub. L. 93–112,

title V, Sept. 26, 1973, 87 Stat. 355. The Rehabilitation

Act of 1973 is classified generally to chapter 16 (§ 701 et

seq.) of Title 29. Section 500(a), classified to section 790

of Title 29, in part provided that references to the Vocational

Rehabilitation Act in any other provision of

law be deemed reference to the Rehabilitation Act of

1973.

CODIFICATION

In subsec. (b)(5), (6), ‘‘section 5703 of title 5’’ and ‘‘section

3109 of title 5’’ substituted for ‘‘section 5 of the Administrative

Expenses Act of 1946 (5 U.S.C. 73b–2)’’ and

‘‘section 15 of the Administrative Expenses Act of 1946

(5 U.S.C. 55a)’’ respectively, on authority of Pub. L.

89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section

of which enacted Title 5, Government Organization and

Employees.

TRANSFER OF FUNCTIONS

For transfer of functions and offices relating to the

Rehabilitation Act of 1973 [see References in Text note

above] of Secretary and Department of Health, Education,

and Welfare to Secretary and Department of

Education and redesignation of Secretary of Health,

Education, and Welfare as Secretary of Health and

Human Services, see sections 3441 and 3508 of Title 20,

Education.

§ 2103. Authority of President

(a) Use of foreign currencies and credits

It is the sense of Congress that the President

should use his authority under the Constitution

and laws of the United States to accomplish the

purposes of section 2101 of this title and in accomplishing

such purposes (1) use to the fullest

extent practicable foreign currencies or credits

available for utilization by the United States,

(2) enter into agreements to use foreign currencies

and credits available to other nations for

use with the agreement of the United States,

and (3) use any other foreign currencies and

credits which may be made available by participating

foreign countries.

(b) Disease and health deficiency investigations,

experiments, and studies; rehabilitation

To carry out the purposes of section 2101 of

this title the President, in cooperation with participating

foreign countries, is authorized to encourage,

support, and promote the planning and

conduct of, and training for, research investigations,

experiments, and studies in the United

States and in participating foreign countries relating

to the causes, diagnosis, treatment, control,

and prevention of diseases and impairments

of mankind (including nutritional and other

health deficiencies) or to the rehabilitation of

the handicapped.

(c) Fellowships; equipment; technical assistance;

interchange of scientists and experts; compensation

and travel expenses; health

science programs and projects; meetings and

conferences; scientific publications

To carry out his responsibilities under this

chapter the President may—

(1) establish and maintain fellowships in participating

foreign countries;

(2) make financial grants to establish and

maintain fellowships, and for other purposes,

to public institutions and agencies and to nonprofit

private institutions and agencies, and to

individuals in participating foreign countries,

or contract with such institutions, agencies,

or individuals without regard to section

3324(a) and (b) of title 31 and section 5 of title

41;

(3) make grants or loans of equipment, medical,

biological, physical, or chemical substances

or other materials, for use by such institutions,

agencies, or individuals;

(4) furnish technical assistance and advice to

such institutions or agencies and in carrying

out such purposes may pay the compensation

and expenses of scientists and experts from

the United States and other participating foreign

countries;

(5) facilitate the interchange among participating

foreign countries of scientists and experts

(including the payment of travel and

subsistence for such scientists and experts

when away from their places of residence);

(6) cooperate and assist in the planning and

conduct of research, research planning, and research

training programs and projects by

groups engaged in, or concerned with, research

or research training endeavors in the health

sciences, and, through financial grants or

other appropriate means, assist in special research,

research planning, or research training

projects conducted by or under the auspices of

such groups where they can effectively carry

out such activities contemplated by this joint

resolution;

(7) encourage and support international

communication in the sciences relating to

health by means of calling or cooperating in

the convening, and financing or contributing

to the financing of the expenses of, international

scientific meetings and conferences;

and provide, or arrange for the provision of,

translating and other services, and issue or finance

publications, leading to a more effective

dissemination of relevant scientific information

with respect to research conducted in the

United States or participating foreign countries.

(d) Programs of an operational nature excepted

from assistance

The activities authorized in this section shall

not extend to the support of public health, medical

care, or other programs of an operational nature

as contrasted with research and research

training nor shall any of the grants authorized

by this section include grants for the improvement

or extension of public health administration

in other countries except for necessary research

and research training in the science of

public health and public health administration.

Page 421 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2103

1 See References in Text note below.

(e) Consultants; advisory committees; compensation

and travel expenses

The President is authorized, to the extent he

deems it necessary to carry out the purposes of

section 2101 of this title, to employ experts and

consultants or organizations thereof, as authorized

by section 3109 of title 5 and create a committee

or committees to be composed entirely of

persons who are citizens of the United States to

advise him in the administration of this chapter,

individuals so employed and members of

committees shall be entitled to receive compensation

at a rate to be fixed by the President,

but not to exceed $50 per diem, including travel

time, and while away from their homes or regular

places of business they may be allowed travel

expenses, including per diem in lieu of subsistence,

as authorized by section 5703 of title 5

for persons in the Government service employed

intermittently.

(f) Delegation of authority; regulations

The President may delegate any authority

vested in him by this section to the Secretary of

Health, Education, and Welfare. The Secretary

may from time to time issue such regulations as

may be necessary to carry out any authority

which is delegated to him under this section,

and may delegate performance of any such authority

to the Surgeon General of the Public

Health Service, the Director of the Office of Vocational

Rehabilitation, the Chief of the Children’s

Bureau, or other subordinates acting

under his direction.

(g) Use of foreign currencies and credits

In order to carry out the purposes of section

2101 of this title, and subject to section 1306 of

title 31, the President may use or enter into

agreements with foreign nations or organizations

of nations to use the foreign currencies

which accrue under title I of the Agricultural

Trade Development and Assistance Act of 1954 [7

U.S.C. 1701 et seq.], and the Mutual Security Act

of 1954, or which are otherwise available for utilization

by the United States. The President is

authorized to agree to the utilization by foreign

nations, for programs designed to carry out the

purposes of section 2101 of this title in cooperation

with the United States, of amounts deposited

in special accounts pursuant to section

142(b) 1 of the Mutual Security Act of 1954, to the

extent that the amounts in such accounts exceed

the requirements of other programs covered

by such section 142(b). Such utilization of

amounts in special accounts shall be without regard

to the second proviso in clause (iii) of such

section 142(b).

(h) Repealed. Pub. L. 105–362, title VI,

§ 601(a)(2)(F), Nov. 10, 1998, 112 Stat. 3286

(i) Definitions

For the purposes of this section—

(1) the term ‘‘health research’’ shall include,

but not be limited to, research, investigations,

and studies relating to causes and methods of

prevention of accidents, including but not limited

to highway and aviation accidents.

(2) the term ‘‘participating foreign countries’’

means those foreign countries which cooperate

with the United States in carrying out

the purposes of this section.

(Pub. L. 86–610, § 5, July 12, 1960, 74 Stat. 366;

Pub. L. 105–362, title VI, § 601(a)(2)(F), Nov. 10,

1998, 112 Stat. 3286.)

REFERENCES IN TEXT

This chapter, referred to in subsecs. (c) and (e), was

in the original ‘‘this joint resolution’’, which enacted

this chapter and section 308 of the Public Health Service

Act (act July 1, 1944, ch. 373, 58 Stat. 682). Such section

308 was redesignated section 307 by Pub. L. 93–353,

July 23, 1974, title I, § 106, 88 Stat. 367, and is classified

to section 242l of Title 42, The Public Health and Welfare.

The Agricultural Trade Development and Assistance

Act of 1954, referred to in subsec. (g), is act July 10,

1954, ch. 469, 68 Stat. 454, as amended, which is classified

generally to chapter 41 (§ 1691 et seq.) of Title 7, Agriculture.

Title I of the Act is classified to subchapter II

(§ 1701 et seq.) of chapter 41 of Title 7. For complete

classification of this Act to the Code, see Short Title

note set out under section 1691 of Title 7 and Tables.

The Mutual Security Act of 1954, referred to in subsec.

(g), is act Aug. 26, 1954, ch. 937, 68 Stat. 832, as

amended by acts July 8, 1955, ch. 301, 69 Stat. 283; July

18, 1956, ch. 627, §§ 2 to 11, 70 Stat. 555; Aug. 14, 1957, Pub.

L. 85–141, 71 Stat. 355; June 30, 1958, Pub. L. 85–477, ch.

1, §§ 101 to 103, ch. II, §§ 201 to 205, ch. III, § 301, ch. IV,

§ 401, ch. V, § 501, 72 Stat. 261; July 24, 1959, Pub. L.

86–108, § 2, ch. 1, § 101, ch. II, §§ 201 to 205(a) to (i), (k) to

(n), ch. III, § 301, ch. IV, § 401(a) to (k), (m), 73 Stat. 246;

May 14, 1960, Pub. L. 86–472, ch. I to V, 74 Stat. 134,

which was principally classified to chapter 24 (§ 1750 et

seq.) of this title and which was repealed by act July 18,

1956, ch. 627, § 8(m), 70 Stat. 559, Pub. L. 85–141, §§ 2(e), 3,

4(b), 11(d), Aug. 14, 1957, 71 Stat. 356, Pub. L. 86–108, ch.

II, §§ 205(j), ch. IV, 401(1), July 24, 1959, 73 Stat. 250, Pub.

L. 86–472, ch. II, §§ 203(d), 204(k), May 14, 1960, 74 Stat.

138, Pub. L. 87–195, pt. III, § 642(a)(2), Sept. 4, 1961, 75

Stat. 460, Pub. L. 94–329, title II, § 212(b)(1), June 30,

1976, 90 Stat. 745, Pub. L. 104–127, title II, § 228, Apr. 4,

1996, 110 Stat. 963, except for sections 1754, 1783, 1796,

1853, 1928, and 1937 of this title. For complete classification

of this Act to the Code, see Short Title note set

out under section 1754 of this title and Tables.

Section 142(b) of the Mutual Security Act of 1954, referred

to in subsec. (g), was classified to section 1852 of

this title, and was repealed by Pub. L. 87–195, pt. III,

§ 642(a)(2), Sept. 4, 1961, 75 Stat. 460.

CODIFICATION

In subsecs. (c)(2) and (g), ‘‘section 3324(a) and (b) of

title 31’’ was substituted for reference to section 3648 of

the Revised Statutes of the United States [31 U.S.C.

529], and ‘‘section 1306 of title 31’’ was substituted for

‘‘section 1415 of the Supplemental Appropriation Act,

1953 [31 U.S.C. 724]’’, respectively, on authority of Pub.

L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section

of which enacted Title 31, Money and Finance.

In subsec. (e), ‘‘section 3109 of title 5’’ and ‘‘section

5703 of title 5’’ were substituted for ‘‘section 15 of the

Administrative Expenses Act of 1946 (5 U.S.C. 55a)’’ and

‘‘section 5 of the Administrative Expenses Act of 1946 (5

U.S.C. 73b–2)’’, respectively, on authority of Pub. L.

89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section

of which enacted Title 5, Government Organization and

Employees.

AMENDMENTS

1998—Subsec. (h). Pub. L. 105–362 struck out subsec.

(h) which read as follows: ‘‘The President shall transmit

to the Congress at the beginning of each regular

session, a report summarizing activities under this section

and making such recommendations as he may

deem appropriate.’’

TRANSFER OF FUNCTIONS

Office of Vocational Rehabilitation redesignated Vocational

Rehabilitation Administration which by De

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