Pub. L. 101-240, tit. V, subtit. E, sec. 541

CONSOLIDATION OF CERTAIN REPORTING REQUIREMENTS.

EnactedYear: 1989Length: 2,168 wordsOfficial source
SEC 541. CONSOLIDATION OF CERTAIN REPORTING REQUIREMENTS. (a) In General.—The International Financial Institutions Act (22 U.S.C. 262c et eeq.) is amended by adding at the end the following: “TITLE XVII—CONSOLIDATED REPORTING REQUIREMENTS “SEC. 1701. ANNUAL REPORT BY CHAIRMAN OF THE NATIONAL ADVISORY COUNCIL ON INTERNATIONAL MONETARY AND FINANCIAL POLICIES. “(a) In General—The Chairman shall report annually to the Speaker of the House of Representatives, the President of the Senate, and to the President of the United States on the participation of the United States in the international financial institutions. The Chairman shall present such report to the Speaker of the House of Representatives and the President of the Senate not later than April 1 of each year following the close of the fiscal year covered by such report, except that the report for fiscal year 1989 shall be submitted not later than June 1, 1990. “(b) Contents of Reports.— Each annual report required by subsection (a) shall contain— (1) ) such data and explanations concerning the effectiveness, operations, and policies of the international financial institutions, such recommendations concerning the international financial institutions, and such other data and material as the Chairman may deem appropriate; (2) ) the reports on each specific issue and topic which is required by any other provision of law to be included in the report of the National Advisory Council on International Monetary and Financial Policies required by section 4(b)(5) of the Bretton Woods Agreements Act, as in effect immediately before the date of the enactment of this section; (3) ) a description of each loan or other form of financial assistance approved by any international financial institution 103 STAT. 2515 during the fiscal year covered by such report, and a discussion of how such loan or financial assistance will benefit the people, particularly the poor people, of the recipient country; (4) a review of the success achieved through the multilateral development banks in reducing or eliminating import restrictions and unfair export subsidies which— “(A) have been determined to be consistent with international agreements; and “(B) have a serious adverse impact on the United States; (5) ) a description of the actions taken and the progress made in carrying out subsections (a) and (b) of section 45 of the Bretton Woods Agreements Act; (6) the report required by section 2018(c) of the International Narcotics Act of 1986 (title II of Public Law 99–570), discussing the actions taken and progress made in encouraging the multi-lateral development banks to finance drug eradication and crop substitution programs; (7) a description of the progress made by the United States Executive Director of the International Monetary Fund with respect to the goals of section 55 of the Bretton Woods Agreements Act; (8) a description of the status of procedures in the multilateral development banks specifically designed to increase the productive role of the poor in the economies of the nations which are borrowers from such banks; (9) in consultation with the Secretary of State, a report on the progress toward achieving the goals of title VII (other than section 704), including the information required to be reported pursuant to section 701(c), and, for the fiscal year 1990, the report described in section 1613; (10) ) in consultation with the Secretary of State and the Administrator of the Agency for International Development, an assessment of the progress being made to implement the objectives of title XIII; and (11) a report on— “(A) the progress made in transforming government-owned enterprises into privately owned enterprises as described in section 1612(b); “(B) the performance of the privately owned enterprises resulting from such transformation; and “(C) the contributions of development finance companies toward strengthening the private sector in member borrowing countries. “(c) Definitions.—As used in this title, title XVIII, and title XIX: (1) Chairman.—The term ‘Chairman’ means the Chairman of the National Advisory Council on International Monetary and Financial Policies. (2) International financial institutions.—The term ‘international financial institutions’ means the International Monetary Fund, International Bank for Reconstruction and Development, International Development Association, International Finance Corporation, Multilateral Investment Guarantee Agency, African Development Bank, African Development Fund, Asian Development Bank, Inter-American Development Bank, and Inter-American Investment Corporation. (3) Multilateral development institutions.—The term ’multilateral development institutions’ means the international 103 STAT. 2516financial institutions other than the International Monetary Fund. “(4) Multilateral, development banes.—The term ‘multilateral development banka’ means the multilateral development institutions other than the Multilateral Investment Guarantee Agency. “(d) Testimony Required.—Upon request of the Committee on Banking, Finance and Urban Affairs of the House of Representatives, the Chairman shall testify before the Committee to support and explain each annual report required by subsection (a). If the President has delegated to a person or persons other than the Chairman the authority to manage United States participation in the international financial institutions which was vested in the President by section 1(b) of the Reorganization Plan No. 4 of 1965, such person or persons shall, upon request of the Committee, accompany the Chairman and testify before the Committee with regard to such report The Chairman and such other person or persons shall assess, in their testimony, the effectiveness of the international financial institutions, the major issues affecting United States participation, the major developments in the past year, the prospects for the coming year. United States policy goals with respect to the international financial institutions, and any specific issues addressed to them by any member of the Committee. “SEC. 1702. TRANSMISSION TO THE CONGRESS OF OPERATING SUMMARIES OF THE MULTILATERAL DEVELOPMENT BANKS. “The Secretary of the Treasury shall transmit to the Congress, on a monthly basis, current copies of the Monthly Operating Summary of the International Bank for Reconstruction and Development, showing the loan proposals or appraisal reports under consideration and the status of those loan proposals or appraisal reports within the Bank. The Secretary of the Treasury shall also transmit to the Congress, at such times as may be appropriate, comparable documents prepared by the other multilateral development banks which show the loans or credits under consideration in the other multilateral development banks. “SEC. 1703. COMBINED REPORT ON EFFECT OF PENDING MULTILATERAL DEVELOPMENT BANK LOANS ON ENVIRONMENT, NATURAL RESOURCES, PUBLIC HEALTH, AND INDIGENOUS PEOPLES. “Not later than April 1 and October 1 of each year, the Administrator of the Agency for International Development, in consultation with the Secretary of the Treasury and the Secretary of State, shall submit to the Committee on Appropriations and the Committee on Banking, finance and Urban Affairs of the House of Representatives, and the Committee on Appropriations and the Committee on Foreign Relations of the Senate, as a combined report, the reports required by section 1303(c) of this Act and by section 537(h)(2) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1983 (sec. 1(e) of Public Law 100–202). “TITLE XVIII—EXPORT ENHANCEMENT “SEC. 1802. PROCUREMENT OPPORTUNITIES FOR UNITED STATES FIRMS.“The Secretary of the Treasury shall instruct the United States Executive Directors of the multilateral development institutions to 103 STAT. 2517take all possible steps to ensure that information relating, to potential procurement opportunities for United States firms is expeditiously communicated to the Secretary of the Treasury, the Secretary of State, and the Secretary of Commerce, and is disseminated as widely as possible to large and small businesses. “TITLE XIX—PERSONNEL PRACTICES “SEC 1901. PERSONNEL PRACTICES. “(a) Statement of Policy.—It shall be the policy of the United States that no initiatives, discussions, or recommendations concerning the placement or removal of any personnel employed by the international financial institutions shall be based on the political philosophy or activity of the individual under consideration. “(b) Consultation.—The Secretary of the Treasury shall consult with the Chairman and the ranking minority member of the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate before any discussion or recommendations by any official of the United States Government concerning the placement or removal of any principal officer of any international financial institutions.”. (b) Transfer of Provisions Relating to Multilateral Development Bank Procurement.— (1) Section 3202 of the Omnibus Trade and Competitiveness Act of 1988 (22 U.S.C. 262a) is hereby transferred to the International Financial Institutions Act, inserted after the heading of title XVIII (as added by the amendment made by subsection (a) of this section), and redesignated as section 1801. (2) Section 2302 of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4722) is hereby transferred to the International Financial Institutions Act, inserted after section 1802 (as added by the amendment made by subsection (a) of this section), redesignated as section 1803, and amended by striking subsection (c). (c) Conforming Amendment.—Section 701(c) of the International Financial Institutions Act (22 U.S.C. 262d(c)) is amended to read as follows: “(c) (1) Not later than 30 days after the end of each calendar quarter, the Secretary of the Treasury shall report quarterly on all loans considered by the Boards of Executive Directors of the institutions listed in subsection (a) to the Chairman and ranking minority member of the Committee on Banking, Finance and Urban Affairs of the House of Representatives, or the designees of such Chairman and ranking minority member, and the Chairman and ranking minority member of the Committee on Foreign Relations of the Senate. “(2) Each report required by paragraph (1) shall— “(A) include a list of all loans considered by the Board of Executive Directors of the institutions listed in subsection (a) and shall specify with respect to each such loan— “(B) the institution involved; “(ii) the date of final action; “(iii) the borrower; “(iv) the amount; “(v) the project or program; “(vi) the vote of the United States Government; “(vii) the reason for United States Government opposition, if any; 103 STAT. 2518 “(viii) the final disposition of the loan; and “(ix) if the United States Government opposed the loan, whether the loan meets basic human needs; “(B) indicate whether the United States has opposed any loan, financial assistance, or technical assistance to a country on human rights grounds; “(C) indicate whether the United States has voted in favor of a loan, financial assistance, or technical assistance to a country with respect to which the United States had, in the preceding 2 years, opposed a loan, financial assistance, or technical assistance on human rights grounds; and “(D) in cases where the United States changed its voting position from opposition to support or from support to opposition, on human rights grounds— “(i) indicate the policy considerations that were taken into account in the development of the United States voting position; “(ii) describe human rights conditions in the country involved; “(iii) indicate how the United States voted on all other loans, financial assistance, and technical assistance to such country during the preceding 2 years; and “(iv) contain information as to how the United States voting position relates to the overall United States Government policy on human rights in such country.”. (d) Repeats.— The following provisions of law are hereby repealed: (1) Paragraphs (5) and (6) of section 4(b), and sections 15(b), 30(b), 33(c), and 50, of the Bretton Woods Agreements Act (22 UÄC. 286b(b) (5) and (6), 286e-9(b), 286s(c), and 286b–2). (2) Section 4(b) of the Asian Development Bank Act (22 U.S.C. 285b(b)). (3) Section 12 of the Inter-American Development Bank Act (22 U.S.C. 283i). (4) Sections 701(g)(1), 1103, 1307, and 1602(d) of the International Financial Institutions Act (22 U.S.C. 262d(gKD, 262g–2 note, 262m–6, and 262p—1(d)). (5) Chapter 3 of Public Law 91–599 (84 Stat. 1658). (6) Sections 102 and 401 of Public Law 96–259 (22 U.S.C. 283 note and 262i). (7) Sections 1005 and 1006 of the Supplemental Appropriations Act, 1984 (Public Law 98–181; 22 U.S.C. 276c–3). (8) Section 537(c) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (sec. 101(e) of Public Law 100–202; 22 U.S.C. 2621(c)). (e) Other Conforming Amendments.—The following provisions of law are each amended by striking the last sentence: (1) Section 4 of the International Finance Corporation Act (22 U.S.C. 282b). (2) Section 4 of the Inter-American Development Bank Act (22 U.S.C. 283b). (3) Section 204 of the Inter-American Investment Corporation Act(22U.S.C. 283cc). (4) Section 4 of the International Development Association Act (22 U.S.C. 284b). (5) Section 408 of the Multilateral Investment Guarantee Agency Act (22 U.S.C. 290k–5). 103 STAT. 2519 (6) Section 204 of the African Development Fund Act (22 U.S.C. 290g–2). (7) Section 1335 of the African Development Bank Act (22 U.S.C. 290Ζ3). (8) Section 701(d) of the International Financial Institutions Act(22 U.S.C. 262d(d)), (f) Clerical Amendments.— (1) Section 4(b) of the Bretton Woods Agreements Act (22 U.S.C. 286b(b)) is amended by redesignating paragraphs (7) and (8) as paragraphs (5) and (6), respectively. (2) Section 30 of the Bretton Woods Agreements Act (22 U.S.C. 286e–9) is amended by striking “(a)”. (3) Section 4 of the Asian Development Bank Act (22 U.S.C. 285b–9) is amended by striking “(a)”. (4) Title XIII of the International Financial Institutions Act (22 U.S.C. 262m et seq.) is amended by redesignating section 1308 (as added by section 521 of this Act) as section 1307.
Pub. L. 101-240, tit. V, subtit. E, sec. 541: CONSOLIDATION OF CERTAIN REPORTING REQUIREMENTS. | Justis AI