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22 U.S.C. § 286aAppointments

submitted 81 years ago by ch. 339 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 499 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law explains how the U.S. picks its top officials at the IMF and World Bank. The President appoints a governor, executive directors, and their alternates with Senate approval. None of them may be paid a U.S. salary for this work.

(a) Governors and executive directors; term of office. The President, with Senate approval, appoints one governor who represents the U.S. at both the Fund and the Bank. The President also appoints a separate executive director for the Fund and one for the Bank; these two also act as provisional executive directors under each organization's Articles of Agreement. The governor serves a five-year term. Each executive director serves a two-year term but stays in office until a successor is appointed. (b) Alternates; term of office. The President, with Senate approval, appoints an alternate for the governor at the Fund and a separate alternate for the governor at the Bank. The President, again with Senate approval, appoints an alternate for each executive director — chosen from people the executive director recommends. All these alternates serve the same length of term as the official they back up. (c) Governor to serve as councillor; alternates and associates. If Schedule D of the Fund's Articles of Agreement applies, the Fund's governor also serves as "councillor." That governor must name an alternate for the councillor role, and may also name associates. (d) Compensation for services. No one gets a salary or other pay from the United States for serving as governor, executive director, councillor, alternate, or associate. The Fund itself can't pay the U.S. executive director more than the rate for a Level IV position on the Executive Schedule, or the U.S. alternate executive director more than the rate for a Level V position. The Secretary of the Treasury must direct the U.S. executive director to bring the Fund's governing board a full set of proposals. The goal: keep Fund employee pay from exceeding what similar positions pay in national government service or private industry, while still keeping Fund staff highly capable and following the Articles of Agreement. The Secretary had to report these proposals, plus whatever the Fund's board adopted, to Congress before February 1, 1979.
the actual law source: uscode.house.gov ↗public domain
(a) Governors and executive directors; term of office

The President, by and with the advice and consent of the Senate, shall appoint a governor of the Fund who shall also serve as a governor of the Bank, and an executive director of the Fund and an executive director of the Bank. The executive directors so appointed shall also serve as provisional executive directors of the Fund and the Bank for the purposes of the respective Articles of Agreement. The term of office for the governor of the Fund and of the Bank shall be five years. The term of office for the executive directors shall be two years, but the executive directors shall remain in office until their successors have been appointed.

(b) Alternates; term of office

The President, by and with the advice and consent of the Senate, shall appoint an alternate for the governor of the Fund and an alternate for the governor of the Bank. The President, by and with the advice and consent of the Senate, shall appoint an alternate for each of the executive directors. The alternate for each executive director shall be appointed from among individuals recommended to the President by the executive director. The terms of office for alternates for the governor and the executive directors shall be the same as the terms specified in subsection (a) for the governor and executive directors.

(c) Governor to serve as councillor; alternates and associates

Should the provisions of Schedule D of the Articles of Agreement of the Fund apply, the Governor of the Fund shall also serve as councillor, shall designate an alternate for the councillor, and may designate associates.

(d) Compensation for services
(1)

No person shall be entitled to receive any salary or other compensation from the United States for services as a Governor, executive director, councillor, alternate, or associate.

(2)

The United States executive director of the Fund shall not be compensated by the Fund at a rate in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5. The United States alternate executive director of the Fund shall not be compensated by the Fund at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5.

(3)

The Secretary of the Treasury shall instruct the United States executive director of the Fund to present to the Fund’s Executive Board a comprehensive set of proposals, consistent with maintaining high levels of competence of Fund personnel and consistent with the Articles of Agreement, with the objective of assuring that salaries and other compensation accorded Fund employees do not exceed those received by persons filling similar levels of responsibility within national government service or private industry. The Secretary shall report these proposals together with any measures adopted by the Fund’s Executive Board to the Congress prior to February 1, 1979.

Source credit: (July 31, 1945, ch. 339, § 3, 59 Stat. 512; Pub. L. 93–94, Aug. 15, 1973, 87 Stat. 314; Pub. L. 94–564, § 2, Oct. 19, 1976, 90 Stat. 2660; Pub. L. 95–435, § 2, Oct. 10, 1978, 92 Stat. 1051.)

history & why it existsrecord from the source credit
  • 1945Enacted · Act of July 31, 1945, ch. 339 · 59 Stat. 512
  • 1973Amended · Pub. L. 93-94 · 87 Stat. 314
  • 1976Amended · Pub. L. 94-564 · 90 Stat. 2660
  • 1978Amended · Pub. L. 95-435 · 92 Stat. 1051

A history note hasn’t been published yet. The record shows enactment by ch. 339 on 1945-07-31.

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