22 U.S.C. § 289c — Transfer of funds; furnishing supplies and

Page 246 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 289a Government of the United States shall not con- stitute or authorize action (1) whereby any per- son 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 subchapter 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.) § 289a. Designation of representative and alter- nates; compensation The President shall designate from time to time a representative of the United States and not to exceed two alternates to attend a speci- fied 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 des- ignate from time to time, either from among the aforesaid representative and alternates or other- wise, 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 re- ceive 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 Rep- resentatives 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. Authorization of appropriations; payment of salaries and expenses 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 ac- cordance 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 rep- resentatives and alternates provided for in section 289a of this title, and appropriate staff, including personal services in the Dis- trict of Columbia and elsewhere, without re- gard 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 Or- ganization; Provided, That the provisions of section 287e of this title and regulations thereunder, applicable to expenses incurred pursuant to subchapter XVI of this chapter shall be applicable to any expenses incurred pursuant to this chapter. (July 1, 1947, ch. 185, § 3, 61 Stat. 215; Oct. 28, 1949, ch. 782, title II, § 202(2), title XI, § 1106(a), 63 Stat. 954, 972.) Editorial Notes REFERENCES IN TEXT Subchapter XVI [§ 287 et seq.] of this chapter, referred to in subsec. (b)(2), was in the original a reference to the United Nations Participation Act of 1945. CODIFICATION In subsec. (b)(1), ‘‘chapter 51 and subchapter III of chapter 53 of title 5’’ substituted for ‘‘the Classification Act of 1949’’ 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 1949—Subsec. (b)(1). Act Oct. 28, 1949, substituted ‘‘Classification Act of 1949’’ for ‘‘Classification Act of 1923’’. Statutory Notes and Related Subsidiaries REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this sec- tion, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655. § 289c. Transfer of funds; furnishing supplies and services; accounting for reimbursements (a) Sums from the appropriations made pursu- ant to subsection (a) of section 289b of this title may be transferred to any department, agency, or independent establishment of the Govern- ment to carry out the purposes of such sub- section, and such sums shall be available for ob- ligation and expenditure in accordance with the laws governing obligations and expenditures of the department, agency, independent establish- ment, or organizational unit thereof concerned, and without regard to section 3324(a) and (b) of title 31 and section 6101 of title 41. (b) Upon request of the Organization, any de- partment, agency, or independent establishment of the Government (upon receipt of advance- ments or reimbursements for the cost and nec- essary expenses) may furnish supplies, or if ad- vancements are made may procure and furnish supplies, and may furnish or procure and furnish services, to the Organization. When reimburse- ment is made it shall be credited, at the option of the department, agency, or independent es- tablishment concerned, either to the appropria- tion, 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; Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 654.) Editorial Notes CODIFICATION In subsec. (a), ‘‘section 3324(a) and (b) of title 31 and section 6101 of title 41’’ substituted for ‘‘sections 3709 and 3648 of the Revised Statutes, as amended (U.S.C., 1940 edition, title 41, sec. 5, and title 31, sec. 529)’’ on au- thority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. Page 247 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 290 1067, which Act enacted Title 31, Money and Finance, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. AMENDMENTS 1966—Subsec. (b). Pub. L. 89–554 struck out proviso which excepted certain personnel from the ceiling im- posed by section 947 of former title 5. § 289d. Omitted Editorial Notes CODIFICATION Section, act July 1, 1947, ch. 185, § 5, 61 Stat. 216, au- thorized appropriations in the form of advance con- tributions to the Preparatory Commission of the Orga- nization during the interim period between July 1, 1947 and the coming into force of the constitution of the Or- ganization. SUBCHAPTER XX—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 estab- lishment of an International Health Organiza- tion, and deposited in the archives of the United Nations. (June 14, 1948, ch. 469, § 1, 62 Stat. 441.) Statutory Notes and Related Subsidiaries PARTICIPATION OF TAIWAN IN THE WORLD HEALTH ORGANIZATION Pub. L. 108–235, § 1, June 14, 2004, 118 Stat. 656, as amended by Pub. L. 117–124, § 1(b)(1), May 13, 2022, 136 Stat. 1203, provided that: ‘‘(a) FINDINGS.—Congress makes the following find- ings: ‘‘(1) Good health is important to every citizen of the world and access to the highest standards of health information and services is necessary to im- prove the public health. ‘‘(2) Direct and unobstructed participation in inter- national health cooperation forums and programs is beneficial for all parts of the world, especially today with the great potential for the cross-border spread of various infectious diseases such as the human im- munodeficiency virus (HIV), tuberculosis, and ma- laria. ‘‘(3) Taiwan’s population of 23,500,000 people is greater than that of 3⁄4 of the member states already in the World Health Organization (WHO). ‘‘(4) Taiwan’s achievements in the field of health are substantial, including— ‘‘(A) attaining— ‘‘(i) 1 of the highest life expectancy levels in Asia; and ‘‘(ii) maternal and infant mortality rates com- parable to those of western countries; ‘‘(B) eradicating such infectious diseases as chol- era, smallpox, the plague, and polio; and ‘‘(C) providing children with hepatitis B vaccina- tions. ‘‘(5) The United States Centers for Disease Control and Prevention and its counterpart agencies in Tai- wan have enjoyed close collaboration on a wide range of public health issues. ‘‘(6) In recent years Taiwan has expressed a willing- ness to assist financially and technically in inter- national aid and health activities supported by the WHO. ‘‘(7) On January 14, 2001, an earthquake, registering between 7.6 and 7.9 on the Richter scale, struck El Salvador. In response, the Taiwanese Government sent 2 rescue teams, consisting of 90 individuals spe- cializing in firefighting, medicine, and civil engineer- ing. The Taiwanese Ministry of Foreign Affairs also donated $200,000 in relief aid to the Salvadoran Gov- ernment. ‘‘(8) The World Health Assembly has allowed ob- servers to participate in the activities of the organi- zation, including the Palestine Liberation Organiza- tion in 1974, the Order of Malta, and the Holy See in the early 1950’s. ‘‘(9) The United States, in the 1994 Taiwan Policy Review, declared its intention to support Taiwan’s participation in appropriate international organiza- tions. ‘‘(10) Public Law 106–137 [113 Stat. 1691] required the Secretary of State to submit a report to Congress on efforts by the executive branch to support Taiwan’s participation in international organizations, in par- ticular the WHO. ‘‘(11) In light of all benefits that Taiwan’s partici- pation in the WHO can bring to the state of health not only in Taiwan, but also regionally and globally, Taiwan and its 23,500,000 people should have appro- priate and meaningful participation in the WHO. ‘‘(12) On May 11, 2001, President Bush stated in a letter to Senator Murkowski that the United States ‘should find opportunities for Taiwan’s voice to be heard in international organizations in order to make a contribution, even if membership is not possible’, further stating that the administration ‘has focused on finding concrete ways for Taiwan to benefit and contribute to the WHO’. ‘‘(13) In his speech made in the World Medical Asso- ciation on May 14, 2002, Secretary of Health and Human Services Tommy Thompson announced ‘America’s work for a healthy world cuts across polit- ical lines. That is why my government supports Tai- wan’s efforts to gain observership status at the World Health Assembly. We know this is a controversial issue, but we do not shrink from taking a public stance on it. The people of Taiwan deserve the same level of public health as citizens of every nation on earth, and we support them in their efforts to achieve it’. ‘‘(14) The Government of the Republic of China on Taiwan, in response to an appeal from the United Na- tions and the United States for resources to control the spread of HIV/AIDS, donated $1,000,000 to the Global Fund to Fight AIDS, Tuberculosis, and Ma- laria in December 2002. ‘‘(15) In 2003, the outbreak of Severe Acute Res- piratory Syndrome (SARS) caused 84 deaths in Tai- wan. ‘‘(16) Avian influenza, commonly known as bird flu, has reemerged in Asia, with strains of the influenza reported by the People’s Republic of China, Cam- bodia, Indonesia, Japan, Pakistan, South Korea, Tai- wan, Thailand, Vietnam, and Laos. ‘‘(17) The SARS and avian influenza outbreaks il- lustrate that disease knows no boundaries and em- phasize the importance of allowing all people access to the WHO. ‘‘(18) As the pace of globalization quickens and the spread of infectious disease accelerates, it is crucial that all people, including the people of Taiwan, be given the opportunity to participate in international health organizations such as the WHO. ‘‘(19) The Secretary of Health and Human Services acknowledged during the 2003 World Health Assembly meeting that ‘[t]he need for effective public health exists among all peoples’. ‘‘(b) PLAN.—The Secretary of State is authorized to— ‘‘(1) initiate a United States plan to endorse and ob- tain observer status for Taiwan at the annual week- long summit of the World Health Assembly each year in Geneva, Switzerland;