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22 U.S.C. § 262o–3Administrative provisions

submitted 22 years ago by Pub. L. 95-118 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 726 words · no verdicts yet

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Treasury must push development institutions to adopt transparency measures by 2005. These include posting board minutes, keeping meeting records, and publishing loan documents in advance. Treasury must report to Congress and publish institutions' "no" votes and abstentions online.

(a) Achievement of certain policy goals The Secretary of the Treasury should instruct the U.S. Executive Director at each multilateral development institution to tell the institution about these U.S. policy goals, and use America's voice and vote to achieve them before June 30, 2005: (1) Within 60 calendar days after the Board of Directors approves the minutes of a meeting, the institution must post an electronic version of the minutes online, with overly sensitive material removed. (2) The institution must keep a written transcript or recording of every Board meeting for at least 10 years afterward. (3) All public-sector loan, credit, and grant documents, and country and sector strategies and policies, presented for Board approval must be made public — with overly sensitive material redacted — 15 calendar days before the Board considers them, or, if not ready by then, when distributed to the Board. These documents must include the resources and requirements needed to ensure the borrower follows applicable laws while carrying them out, including laws on process integrity and transparency (like public consultation) and on public health, safety, and environmental protection. (4) The institution must post online an annual report with statistics and case studies on fraud and corruption cases its investigations unit pursued. (5) The institution must require that any health, education, or poverty-focused loan, grant, document, policy, or strategy include specific ways to measure results, with those results published periodically while it runs and when it's finished. (6) The institution must set a plan and schedule for regular, independent audits of its internal management controls — checking whether it meets its goals, follows bank policy, and prevents fraud — and make audit findings public. (7) The institution must set up effective procedures for receiving, keeping, and handling: (A) complaints about fraud, accounting, mismanagement, internal controls, or auditing; and (B) confidential, anonymous reports from employees about the same concerns. (b) Report By September 1, 2004, and every six months after, the Secretary of the Treasury must report to the relevant congressional committees on what each multilateral development institution has done to carry out the goals in subsection (a), and what more needs to be done. (c) Publication of written statements regarding inspection mechanism cases Within 60 calendar days after a multilateral development institution's Board meeting, the Secretary of the Treasury should arrange to publish, on the Treasury Department's website, any written statement the U.S. Executive Director gave at that meeting about a project facing an inspection-mechanism claim, or a pending inspection-mechanism case. (d) Congressional briefings The Secretary of the Treasury, or the Secretary's designee, should brief the relevant congressional committees, when asked, on steps the U.S. Executive Director and the institution itself have taken to carry out this section's measures. (e) Publication of "no" votes and abstentions by the United States Each month, the Secretary of the Treasury should arrange to post, on the Treasury Department's website, a record of every "no" vote and abstention the U.S. Executive Director cast at any multilateral development institution. (f) Multilateral development institution defined In this section, "multilateral development institution" has the meaning given in section 262r(c)(3) of this title.
the actual law source: uscode.house.gov ↗public domain
(a) Achievement of certain policy goals

The Secretary of the Treasury should instruct the United States Executive Director at each multilateral development institution to inform the institution of the following United States policy goals, and use the voice and vote of the United States to achieve the goals at the institution before June 30, 2005:

(1)

No later than 60 calendar days after the Board of Directors of the institution approves the minutes of a Board meeting, the institution shall post on its website an electronic version of the minutes, with material deemed too sensitive for public distribution redacted.

(2)

The institution shall keep a written transcript or electronic recording of each meeting of its Board of Directors and preserve the transcript or recording for at least 10 years after the meeting.

(3)

All public sector loan, credit and grant documents, country assistance strategies, sector strategies, and sector policies prepared by the institution and presented for endorsement or approval by its Board of Directors, with materials deemed too sensitive for public distribution redacted or withheld, shall be made available to the public 15 calendar days before consideration by the Board or, if not then available, when the documents are distributed to the Board. Such documents shall include the resources and conditionality necessary to ensure that the borrower complies with applicable laws in carrying out the terms and conditions of such documents, strategies, or policies, including laws pertaining to the integrity and transparency of the process such as public consultation, and to public health and safety and environmental protection.

(4)

The institution shall post on its website an annual report containing statistical summaries and case studies of the fraud and corruption cases pursued by its investigations unit.

(5)

The institution shall require that any health, education, or poverty-focused loan, credit, grant, document, policy, or strategy prepared by the institution includes specific outcome and output indicators to measure results, and that the indicators and results be published periodically during the execution, and at the completion, of the project or program.

(6)

The institution shall establish a plan and schedule for conducting regular, independent audits of internal management controls and procedures for meeting operational objectives, complying with Bank policies, and preventing fraud, and making reports describing the scope and findings of such audits available to the public.

(7)

The institution shall establish effective procedures for the receipt, retention, and treatment of: (A) complaints received by the Bank regarding fraud, accounting, mismanagement, internal accounting controls, or auditing matters; and (B) the confidential, anonymous submission by employees of the Bank of concerns regarding fraud, accounting, mismanagement, internal accounting controls, or auditing matters.

(b) Report

Not later than September 1, 2004, and 6 months thereafter, the Secretary of the Treasury shall submit a report to the appropriate congressional committees describing the actions taken by each multilateral development institution to implement the policy goals described in subsection (a), and any further actions that need to be taken to fully implement such goals.

(c) Publication of written statements regarding inspection mechanism cases

No later than 60 calendar days after a meeting of the Board of Directors of a multilateral development institution, the Secretary of the Treasury should provide for publication on the website of the Department of the Treasury of any written statement presented at the meeting by the United States Executive Director at the institution concerning—

(1)

a project on which a claim has been made to the inspection mechanism of the institution; or

(2)

a pending inspection mechanism case.

(d) Congressional briefings

The Secretary of the Treasury or the designee of the Secretary should brief the appropriate congressional committees, when requested, on the steps that have been taken by the United States Executive Director at any multilateral development institution, and by any such institution, to implement the measures described in this section.

(e) Publication of “no” votes and abstentions by the United States

Each month, the Secretary of the Treasury should provide for posting on the website of the Department of the Treasury of a record of all “no” votes and abstentions made by the United States Executive Director at any multilateral development institution on any matter before the Board of Directors of the institution.

(f) Multilateral development institution defined

In this section, the term “multilateral development institution” shall have the meaning given in section 262r(c)(3) of this title.

Source credit: (Pub. L. 95–118, title XV, § 1504, as added Pub. L. 108–199, div. D, title V, § 581, Jan. 23, 2004, 118 Stat. 202.)

history & why it existsrecord from the source credit
  • 2004Enacted · Pub. L. 95-118 · 118 Stat. 202

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-118 on 2004-01-23.

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