§ 2103. — Authority of 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: 22USC2103]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 30--INTERNATIONAL COOPERATION IN HEALTH AND MEDICAL RESEARCH
Sec. 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.
(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).
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\1\ See References in Text note below.
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(h) Repealed. Pub. L. 105-362, title VI, Sec. 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, Sec. 5, July 12, 1960, 74 Stat. 366; Pub. L. 105-362,
title VI, Sec. 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, Sec. 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 (Sec. 1691 et
seq.) of Title 7, Agriculture. Title I of the Act is classified to
subchapter II (Sec. 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, Secs. 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, Secs. 101 to 103, ch. II, Secs. 201 to 205, ch. III,
Sec. 301, ch. IV, Sec. 401, ch. V, Sec. 501, 72 Stat. 261; July 24,
1959, Pub. L. 86-108, Sec. 2, ch. 1, Sec. 101, ch. II, Secs. 201 to
205(a) to (i), (k) to (n), ch. III, Sec. 301, ch. IV, Sec. 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 (Sec. 1750 et
seq.) of this title and which was repealed by act July 18, 1956, ch.
627, Sec. 8(m), 70 Stat. 559, Pub. L. 85-141, Secs. 2(e), 3, 4(b),
11(d), Aug. 14, 1957, 71 Stat. 356, Pub. L. 86-108, ch. II,
Secs. 205(j), ch. IV, 401(1), July 24, 1959, 73 Stat. 250, Pub. L. 86-
472, ch. II, Secs. 203(d), 204(k), May 14, 1960, 74 Stat. 138, Pub. L.
87-195, pt. III, Sec. 642(a)(2), Sept. 4, 1961, 75 Stat. 460, Pub. L.
94-329, title II, Sec. 212(b)(1), June 30, 1976, 90 Stat. 745, Pub. L.
104-127, title II, Sec. 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, Sec. 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,
Sec. 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, Sec. 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 Department of Health, Education,
and Welfare reorganization became Rehabilitation Services
Administration. The Rehabilitation Act of 1973 (29 U.S.C. Sec. 701 et
seq.) established Rehabilitation Services Administration in Office of
Secretary of Health, Education, and Welfare. Functions and offices of
Secretary and Department of Health, Education, and Welfare relating to
Rehabilitation Act of 1973 transferred to Secretary and Department of
Education by section 3441 of Title 20, Education. The Secretary and
Department of Health, Education, and Welfare redesignated Secretary and
Department of Health and Human Services by section 3508(b) of Title 20,
Education.