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22 U.S.C. § 290m–5Grants out of paid-in capital resources

submitted 22 years ago by Pub. L. 103-182 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 185 words · no verdicts yet

in plain englishAI-generated · not legal advice

U.S. representatives at the Bank must generally oppose grants that aren't paired with loans or that fund more than half a project. Exceptions exist for small projects or unusual circumstances, capped at $5 million total.

(a) In general: The President must instruct the U.S. government's representatives on the Bank's Board of Directors to oppose any proposal to make a grant from the Bank's paid-in capital — except for grants already authorized for the community adjustment and investment program under the Bank's 1993 charter — if that grant would: (1) go to a project that isn't also being financed, at least in part, by loans; or (2) pay for more than half of any individual project's financing. (b) Exception: These limits don't apply in two situations. First, if the President decides there are exceptional economic circumstances that justify the grant, after consulting the Senate Foreign Relations Committee and the House Financial Services Committee. Second, if the project is so small that getting a loan isn't practical, and the grant doesn't exceed $250,000. Even so, no more than $5,000,000 total in grants can be made under this exception.
the actual law source: uscode.house.gov ↗public domain
(a) In general

The President shall instruct the United States Federal Government representatives on the Board of Directors of the North American Development Bank to oppose any proposal where grants out of the Bank’s paid-in capital resources, except for grants from paid-in capital authorized for the community adjustment and investment program under the Bank’s charter of 1993, would—

(1)

be made to a project that is not being financed, in part, by loans; or

(2)

account for more than 50 percent of the financing of any individual project.

(b) Exception
(1) General rule

The requirements of subsection (a) shall not apply in cases where—

(A)

the President determines there are exceptional economic circumstances for making the grant and consults with the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives; or

(B)
(i)

the grant is being made for a project that is so small that obtaining a loan is impractical; and

(ii)

the grant does not exceed $250,000.

(2) Limitation

Not more than an aggregate of $5,000,000 in grants may be made under this subsection.

Source credit: (Pub. L. 103–182, title V, § 546, as added Pub. L. 108–215, § 1(b), Apr. 5, 2004, 118 Stat. 579; amended Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78; Pub. L. 116–260, div. O, title VI, § 601(a)(1), (2), Dec. 27, 2020, 134 Stat. 2149.)

history & why it existsrecord from the source credit
  • 2004Enacted · Pub. L. 103-182 · 118 Stat. 579
  • 2020Amended · Pub. L. 116-113 · 134 Stat. 78
  • 2020Amended · Pub. L. 116-260 · 134 Stat. 2149

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-182 on 2004-04-05.

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