118 STAT. 579 PUBLIC LAW 108–215—APR. 5, 2004 Public Law 108–215 108th Congress An Act To authorize the President of the United States to agree to certain amendments to the 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 Develop ment Bank, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION. 1. AUTHORITY TO AGREE TO CERTAIN AMENDMENTS TO THE BORDER ENVIRONMENT COOPERATION AGREE MENT; GRANT AUTHORITY. (a) AMENDMENT AUTHORITY.—Part 2 of subtitle D of title V of Public Law 103–182 (22 U.S.C. 290m–290m–3) is amended by adding at the end the following: ‘‘SEC. 545. AUTHORITY TO AGREE TO CERTAIN AMENDMENTS TO THE BORDER ENVIRONMENT COOPERATION AGREEMENT. ‘‘The President may agree to amendments to the Cooperation Agreement that— ‘‘(1) enable the Bank to make grants and nonmarket rate loans out of its paid in capital resources with the approval of its Board; and ‘‘(2) amend the definition of ‘border region’ to include the area in the United States that is within 100 kilometers of the international boundary between the United States and Mexico, and the area in Mexico that is within 300 kilometers of the international boundary between the United States and Mexico.’’. (b) GRANT AUTHORITY.—Part 2 of subtitle D of title V of Public Law 103–182 (22 U.S.C. 290m–290m–3), as amended by subsection (a), is amended by adding at the end the following: ‘‘SEC. 546. GRANTS OUT OF PAID IN CAPITAL RESOURCES. ‘‘(a) IN GENERAL.—The President shall instruct the United States Federal Government representatives on the Board of Direc tors of the North American Development Bank to oppose any pro posal 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.— 22 USC 290m–5. 22 USC 290m–4. Apr. 5, 2004 [H.R. 254]
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