§ 290m–3 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 200

Federal agency without cost to the Advisory

Committee, and any such agency is authorized to provide services as requested by the

Committee.

(c) Ombudsman

The President shall appoint an ombudsman to

provide the public with an opportunity to participate in the carrying out of the community

adjustment and investment program.

(1) Function

It shall be the function of the ombudsman—

(A) to establish procedures for receiving

comments from the general public on the operation of the community adjustment and

investment program, to receive such comments, and to provide the President with

summaries of the public comments; and

(B) to perform an independent inspection

and programmatic audit of the operation of

the community adjustment and investment

program and to provide the President with

the conclusions of its investigation and

audit.

(2) Authorization of appropriations

There are authorized to be appropriated to

the President, or such agency as the President

may designate, $25,000 for fiscal year 1995 and

for each fiscal year thereafter, for the costs of

the ombudsman.

(d) Reporting requirement

The President shall submit to the appropriate

congressional committees an annual report on

the community adjustment and investment program (if any) that is carried out pursuant to this

section. Each report shall state the amount of

the loans made or guaranteed during the 12-

month period ending on the day before the date

of the report.

(Pub. L. 103–182, title V, §543, Dec. 8, 1993, 107

Stat. 2167.)

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in

subsec. (b)(1), (4)(D), is Pub. L. 92–463, Oct. 6, 1972, 86

Stat. 770, as amended, which is set out in the Appendix

to Title 5, Government Organization and Employees.

DELEGATION OF FUNCTIONS

Functions of President under subsec. (a)(1) to (3) of

this section delegated to Secretary of the Treasury and

functions of President under subsecs. (a)(5) and (d) of

this section delegated to Community Adjustment and

Investment Program Finance Committee by sections 4

to 6 of Ex. Ord. No. 12916, May 13, 1994, 59 F.R. 25780, set

out as a note under section 3473 of Title 19, Customs

Duties.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to

terminate not later than the expiration of the 2-year

period beginning on the date of their establishment,

unless, in the case of a committee established by the

President or an officer of the Federal Government, such

committee is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of

a committee established by Congress, its duration is

otherwise provided by law. See section 14 of Pub. L.

92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix

to Title 5, Government Organization and Employees.

COMMUNITY ADJUSTMENT AND INVESTMENT PROGRAM

FINANCE COMMITTEE

For provisions establishing the Community Adjustment and Investment Program Finance Committee to

assist in carrying out the program pursuant to subsec.

(a)(3) of this section and to provide to the President advice and conclusions of reviews by the Advisory Committee pursuant to subsec. (b)(3) of this section and

summaries of public comments or conclusions of investigations and audits by the ombudsman pursuant to

subsec. (c)(1) of this section, see Ex. Ord. No. 12916,

§§7–9, May 13, 1994, 59 F.R. 25780, set out as a note under

section 3473 of Title 19, Customs Duties.

DEFINITIONS

Agreement means the North American Free Trade

Agreement, see section 3301(1) of Title 19, Customs Duties.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 290m of this

title.

§ 290m–3. ‘‘Border Environment Cooperation

Agreement’’ defined

For purposes of this subchapter, the term

‘‘Border Environment Cooperation Agreement’’

(referred to in this subchapter as the ‘‘Cooperation Agreement’’) means the November 1993

Agreement Between the Government of the

United States of America and the Government

of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank.

(Pub. L. 103–182, title V, §544, Dec. 8, 1993, 107

Stat. 2170.)

SUBCHAPTER XXIX—UNITED STATESMEXICO BORDER HEALTH COMMISSION

§ 290n. Establishment of Border Health Commission

The President is authorized and encouraged to

conclude an agreement with Mexico to establish

a binational commission to be known as the

United States-Mexico Border Health Commission.

(Pub. L. 103–400, §2, Oct. 22, 1994, 108 Stat. 4169.)

SHORT TITLE

Section 1 of Pub. L. 103–400 provided that: ‘‘This Act

[enacting this subchapter] may be cited as the ‘United

States-Mexico Border Health Commission Act’.’’

§ 290n–1. Duties

It should be the duty of the Commission—

(1) to conduct a comprehensive needs assessment in the United States-Mexico Border Area

for the purposes of identifying, evaluating,

preventing, and resolving health problems and

potential health problems that affect the general population of the area;

(2) to implement the actions recommended

by the needs assessment through—

(A) assisting in the coordination and implementation of the efforts of public and private entities to prevent and resolve such

health problems, and

(B) assisting in the coordination and implementation of efforts of public and private
Page 201 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 290n–6

entities to educate such population, in a culturally competent manner, concerning such

health problems; and

(3) to formulate recommendations to the

Governments of the United States and Mexico

concerning a fair and reasonable method by

which the government of one country could reimburse a public or private entity in the other

country for the cost of a health care service

that the entity furnishes to a citizen of the

first country who is unable, through insurance

or otherwise, to pay for the service.

(Pub. L. 103–400, §3, Oct. 22, 1994, 108 Stat. 4169.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 290n–2 of this

title.

§ 290n–2. Other authorized functions

In addition to the duties described in section

290n–1 of this title, the Commission should be

authorized to perform the following functions as

the Commission determines to be appropriate—

(1) to conduct or support investigations, research, or studies designed to identify, study,

and monitor, on an on-going basis, health

problems that affect the general population in

the United States-Mexico Border Area;

(2) to conduct or support a binational, public-private effort to establish a comprehensive

and coordinated system, which uses advanced

technologies to the maximum extent possible,

for gathering health-related data and monitoring health problems in the United States-Mexico Border Area; and

(3) to provide financial, technical, or administrative assistance to public or private nonprofit entities who act to prevent or resolve

such problems or who educate the population

concerning such health problems.

(Pub. L. 103–400, §4, Oct. 22, 1994, 108 Stat. 4169.)

§ 290n–3. Membership

(a) Number and appointment of United States

section

The United States section of the Commission

should be composed of 13 members. The section

should consist of the following members:

(1) The Secretary of Health and Human

Services or the Secretary’s delegate.

(2) The commissioners of health or chief

health officer from the States of Texas, New

Mexico, Arizona, and California or such commissioners’ delegates.

(3) Two individuals residing in United

States-Mexico Border Area in each of the

States of Texas, New Mexico, Arizona, and

California who are nominated by the chief executive officer of the respective States and appointed by the President from among individuals who have demonstrated ties to community-based organizations and have demonstrated interest and expertise in health issues of the United States-Mexico Border Area.

(b) Commissioner

The Commissioner of the United States section of the Commission should be the Secretary

of Health and Human Services or such individual’s delegate to the Commission. The Commissioner should be the leader of the section.

(c) Compensation

Members of the United States section of the

Commission who are not employees of the

United States or any State—

(1) shall each receive compensation at a rate

of not to exceed the daily equivalent of the annual rate of basic pay payable for positions at

GS–15 of the General Schedule under section

5332 of title 5 for each day such member is engaged in the actual performance of the duties

of the Commission; and

(2) shall be allowed travel expenses, including per diem in lieu of subsistence at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, while away

from their homes or regular places of business

in the performance of services of the Commission.

(Pub. L. 103–400, §5, Oct. 22, 1994, 108 Stat. 4170.)

§ 290n–4. Regional offices

The Commission may designate or establish

one border health office in each of the States of

Texas, New Mexico, Arizona, and California.

Such office should be located within the United

States-Mexico Border Area, and should be coordinated with—

(1) State border health offices; and

(2) local nonprofit organizations designated

by the State’s chief executive officer and directly involved in border health issues.

If feasible to avoid duplicative efforts, the Commission offices should be located in existing

State or local nonprofit offices. The Commission

should provide adequate compensation for cooperative efforts and resources.

(Pub. L. 103–400, §6, Oct. 22, 1994, 108 Stat. 4170.)

§ 290n–5. Reports

Not later than February 1 of each year that

occurs more than 1 year after the date of the establishment of the Commission, the Commission

should submit an annual report to both the

United States Government and the Government

of Mexico regarding all activities of the Commission during the preceding calendar year.

(Pub. L. 103–400, §7, Oct. 22, 1994, 108 Stat. 4171.)

§ 290n–6. Definitions

As used in this subchapter:

(1) Commission

The term ‘‘Commission’’ means the United

States-Mexico Border Health Commission.

(2) Health problem

The term ‘‘health problem’’ means a disease

or medical ailment or an environmental condition that poses the risk of disease or medical

ailment. The term includes diseases, ailments,

or risks of disease or ailment caused by or related to environmental factors, control of animals and rabies, control of insect and rodent

vectors, disposal of solid and hazardous waste,

and control and monitoring of air quality.

(3) Secretary

The term ‘‘Secretary’’ means the Secretary

of Health and Human Services.