22 U.S.C. § 2102 — Authority of Secretary

Page 510 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2102 ‘‘(3) the global nature of swine influenza demands international cooperation and coordination in the in- vestigation 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 Ref- erence Centers to participate in the investigation and planning for the control of swine influenza; ‘‘(5) special collaboration has already been estab- lished among the United States, the United Kingdom, and Canada for mutual participation in the investiga- tion 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 sur- veillance 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.’’ Executive Documents 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 execu- tive branch to take strong action to address the poten- tial global epidemic of diseases caused by tobacco use. The executive branch shall undertake activities to in- crease its capacity to address global tobacco preven- tion and control issues through coordinated domestic action, limited bilateral assistance to individual na- tions, and support to multilateral organizations. Inter- national 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 implementa- tion of international trade policy, executive depart- ments and agencies shall not promote the sale or ex- port of tobacco or tobacco products, or seek the reduc- tion or removal of foreign government restrictions on the marketing and advertising of such products, pro- vided that such restrictions are applied equally to all tobacco or tobacco products of the same type. Depart- ments and agencies are not precluded from taking nec- essary actions in accordance with the requirements and remedies available under applicable United States trade laws and international agreements to ensure non- discriminatory 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 ne- gotiating position of the United States on the Frame- work 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 inter- agency working groups, chaired by the United States Trade Representative (USTR), that address issues re- lating to trade in tobacco and tobacco products. Through such participation, HHS shall advise the USTR, and other interested Federal agencies, of the po- tential public health impact of any tobacco-related trade action that is under consideration. Upon conclu- sion of a trade agreement that includes provisions spe- cifically 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 sur- veys 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 re- lated 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 link- ing 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 com- parable surveillance data; networks for communica- tion, information and best practices; and the develop- ment and evaluation of culturally-targeted approaches to preventing tobacco use and increasing quit rates, es- pecially among women and children. SEC. 3. General. (a) Executive departments and agen- cies shall carry out the provisions of this order to the extent permitted by law and consistent with their stat- utory and regulatory authorities and their enforcement mechanisms. (b) This order clarifies and strengthens Administra- tion 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 employ- ees, 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 sec- tion 2101 of this title, the Secretary of Health, Education, and Welfare (hereafter referred to as the ‘‘Secretary’’) may in the exercise of his re- sponsibilities under the Vocational Rehabilita- tion 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 re- sources in participating foreign countries as he may deem necessary and desirable. (b) Fellowships; equipment, meetings and con- ferences; interchange of scientists and ex- perts; 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 par- ticipating foreign countries for the purpose of establishing and maintaining fellowships; (3) make grants or loans of equipment, med- ical, biological, physical, or chemical sub- Page 511 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2103 stances 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 coun- tries, and among participating foreign coun- tries, 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 compensa- tion, subsistence, and travel for such sci- entists 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 em- ployed; and (6) procure, in accordance with the provi- sions of section 3109 of title 5, the temporary or intermittent services of experts or consult- ants; individuals so employed shall receive compensation at a rate to be fixed by the Sec- retary, but not in excess of $50 per diem, in- cluding travel time, and while away from their homes or regular places of business may be al- lowed 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, and studies relating to causes and methods of prevention of accidents, including but not lim- ited to highway and aviation accidents. (2) The term ‘‘participating foreign coun- tries’’ means those foreign countries which co- operate with the United States in carrying out the purposes of this section. (Pub. L. 86–610, § 4, July 12, 1960, 74 Stat. 365.) Editorial Notes REFERENCES IN TEXT The Vocational Rehabilitation Act, referred to in subsec. (a), is act June 2, 1920, ch. 219, 41 Stat. 735, 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 Reha- bilitation 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 ‘‘sec- tion 3109 of title 5’’ substituted for ‘‘section 5 of the Ad- ministrative 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. Statutory Notes and Related Subsidiaries 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, Edu- cation, 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 ac- complishing 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 cur- rencies 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 partici- pating 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 par- ticipating foreign countries, is authorized to en- courage, support, and promote the planning and conduct of, and training for, research investiga- tions, experiments, and studies in the United States and in participating foreign countries re- lating to the causes, diagnosis, treatment, con- trol, 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; com- pensation 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 par- ticipating foreign countries; (2) make financial grants to establish and maintain fellowships, and for other purposes, to public institutions and agencies and to non- profit 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 6101 of title 41; (3) make grants or loans of equipment, med- ical, biological, physical, or chemical sub- stances or other materials, for use by such in- stitutions, 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 for- eign countries; (5) facilitate the interchange among partici- pating foreign countries of scientists and ex-