Page 199 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 290m–2

and the Commonwealth of Puerto Rico, upon

entry into force of the Cooperation Agreement.

(Pub. L. 103–182, title V, §542, Dec. 8, 1993, 107

Stat. 2167.)

§ 290m–2. Community adjustment and investment

program

(a) The President

(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) Advisory Committee

(1) Establishment

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 the Federal Advisory Committee Act.

(2) Membership

(A) In general

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) Representation

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) Function

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) of this section, 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) Terms of members

(A) In general

Each member of the Advisory Committee

shall serve at the pleasure of the President.

(B) Chairperson

The President shall appoint a chairperson

from among the members of the Advisory

Committee.

(C) Meetings

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) Reimbursement for expenses

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 the Federal Advisory Committee

Act.

(E) Staff and facilities

The Advisory Committee may utilize the

facilities and services of employees of any
§ 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