§290m–2 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The President may make an agreement with the Bank to run a community adjustment and investment program under Chapter II of the Cooperation Agreement. The President can get 10 percent of the paid-in capital that the United States actually paid to the Bank to run the program without needing more appropriations. The President can pick one or more federal loan or loan-guarantee agencies to use those funds and can transfer the money to them. Agencies must use the money to cover the costs of direct and guaranteed loans and related costs, following the agencies’ normal rules. Those transferred funds are extra money on top of any amounts already authorized by Congress. The President must set loan and guarantee guidelines and must endorse the Bank’s grants and loans made under Chapter II of the Cooperation Agreement. The President must also send an annual report to the relevant congressional committees saying how much was loaned or guaranteed in the previous 12 months. The President must set up a 9-member public advisory committee to give advice on running the program and to review it regularly. Members are appointed by the President and must include people from community groups serving low-income families, non-governmental organizations, for-profit businesses, and other experts, with each category having 1 to 3 members. The President picks the chair, members serve at the President’s pleasure, and the committee must meet at least once a year. The President must also appoint an ombudsman to gather public comments and to do independent inspections and audits of the program. Up to $25,000 is authorized each year, starting with fiscal year 1995, to pay the ombudsman’s costs.

Title 22, §290m–2

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)The President may enter into an agreement with the Bank that facilitates implementation by the President of a program for community adjustment and investment in support of the Agreement pursuant to chapter II of the Cooperation Agreement (hereafter in this section referred to as the “community adjustment and investment program”).

(2)The President may receive from the Bank 10 percent of the paid-in capital actually paid to the Bank by the United States for the President to carry out, without further appropriations, through Federal agencies and their loan and loan guarantee programs, the community adjustment and investment program, pursuant to an agreement between the President and the Bank.

(3)The President may select one or more Federal agencies that make loans or guarantee the repayment of loans to assist in carrying out the community adjustment and investment program, and may transfer the funds received from the Bank to such agency or agencies for the purpose of assisting in carrying out the community adjustment and investment program.

(4)(A)Each Federal agency selected by the President to assist in carrying out the community adjustment and investment program shall use the funds transferred to it by the President from the Bank to pay for the costs of direct and guaranteed loans, as defined in section 661a of title 2, and, as appropriate, other costs associated with such loans, all subject to the restrictions and limitations that apply to such agency’s existing loan or loan guarantee program.

(B)Funds transferred to an agency under subparagraph (A) shall be in addition to the amount of funds authorized in any appropriations Act to be expended by that agency for its loan or loan guarantee program.

(5)The President shall—

(A)establish guidelines for the loans and loan guarantees to be made under the community adjustment and investment program;

(B)endorse the grants made by the Bank for the community adjustment and investment program, as provided in Article I, section 1(b), and Article III, section 11(a), of Chapter II of the Cooperation Agreement; and

(C)endorse any loans or guarantees made by the Bank for the community adjustment and investment program, as provided in Article I, section 1(b), and Article III, section 6(a) and (c) of Chapter II of the Cooperation Agreement.

(b)(1)The President shall establish an advisory committee to be known as the Community Adjustment and Investment Program Advisory Committee (in this section referred to as the “Advisory Committee”) in accordance with the provisions of chapter 10 of title 5.

(2)(A)The Advisory Committee shall consist of 9 members of the public, appointed by the President, who, collectively, represent—

(i)community groups whose constituencies include low-income families;

(ii)any scientific, professional, business, nonprofit, or public interest organization or association which is neither affiliated with, nor under the direction of, a government;

(iii)for-profit business interests; and

(iv)other appropriate entities with relevant expertise.

(B)Each of the categories described in clauses (i) through (iv) of subparagraph (A) shall be represented by no fewer than 1 and no more than 3 members of the Advisory Committee.

(3)It shall be the function of the Advisory Committee—

(A)to provide advice to the President regarding the implementation of the community adjustment and investment program, including advice on the guidelines to be established by the President for the loans and loan guarantees to be made pursuant to subsection (a)(4), advice on identifying the needs for adjustment assistance and investment in support of the goals and objectives of the Agreement, taking into account economic and geographic considerations, and advice on such other matters as may be requested by the President; and

(B)to review on a regular basis the operation of the community adjustment and investment program and provide the President with the conclusions of its review.

(4)(A)Each member of the Advisory Committee shall serve at the pleasure of the President.

(B)The President shall appoint a chairperson from among the members of the Advisory Committee.

(C)The Advisory Committee shall meet at least annually and at such other times as requested by the President or the chairperson. A majority of the members of the Advisory Committee shall constitute a quorum.

(D)The members of the Advisory Committee may receive reimbursement for travel, per diem, and other necessary expenses incurred in the performance of their duties, in accordance with chapter 10 of title 5.

(E)The Advisory Committee may utilize the facilities and services of employees of any Federal agency without cost to the Advisory Committee, and any such agency is authorized to provide services as requested by the Committee.

(c)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)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)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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (b)(1). Pub. L. 117–286, § 4(a)(163)(A), substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act.” Subsec. (b)(4)(D). Pub. L. 117–286, § 4(a)(163)(B), substituted “chapter 10 of title 5.” for “the Federal Advisory Committee Act.” 2020—Pub. L. 116–260, § 601(a)(1), (2), provided that section 601 of Pub. L. 116–113 does not apply to this section and revived the provisions of this section as if such section 601 had not been enacted. See below. Pub. L. 116–113, § 601, which repealed this section effective on the date the USMCA entered into force (July 1, 2020), was made inapplicable to this section by section 601(a)(1), (2) of Pub. L. 116–260.

Statutory Notes and Related Subsidiaries

Effective Date

of 2020 AmendmentAmendment by Pub. L. 116–260 effective July 1, 2020, see section 601(h) of div. O of Pub. L. 116–260, set out as a note under section 81c of Title 19, Customs Duties. Termination of Advisory CommitteesAdvisory 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 1013 of Title 5, Government Organization and Employees. Definitions Agreement means the North American Free Trade Agreement, see section 3301(1) of Title 19, Customs Duties.

Executive Documents

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. Community Adjustment and Investment Program Finance CommitteeFor 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.

§290m–2 Community adjustment and investment program