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22 U.S.C. § 283z–5Capital increase; increase in resources of Fund for Special Operations

submitted 37 years ago by Pub. L. 86-147 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 555 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the U.S. Governor of the Bank vote for a 1989 capital and fund increase. Congress authorizes over $9 billion to pay for it, but only after environmental conditions are met. Payment also needs Treasury certification on Bank record access and audit follow-up.

(a) Authority to vote for, and to subscribe and contribute to, increase in authorized capital stock of Bank and increase in resources of Fund for Special Operations The U.S. Governor of the Bank may vote for resolutions the Board of Executive Directors sent to the Governors on April 19, 1989, and that are pending before the Board of Governors. They provide for (i) increasing the Bank's authorized capital stock and U.S. subscriptions, and (ii) increasing the Fund for Special Operations' resources and U.S. contributions. To the extent Congress provides the money in advance through appropriations laws, the Governor may, if these resolutions pass, subscribe to 760,112 shares of the increased capital stock and contribute $82,304,000 to the Fund. (b) Limitation on authorization of appropriations To pay for this subscription and contribution, Congress authorizes, with no fiscal-year limit, $9,169,559,712 for the capital stock subscription and $82,304,000 for the Fund contribution. (c) Organizational changes required to be made before payment for subscription to capital stock and contribution to Fund for Special Operations The Secretary of the Treasury can't pay any of this money unless the Bank has: set up an environmental unit responsible for developing, evaluating, and folding environmental sustainability into Bank policies, projects, and programs in borrower countries; increased its staff with environmental training and duties; increased the number of environmentally beneficial projects and programs it finances; and designed a process letting indigenous nongovernmental organizations take part in designing projects and programs. (d) Certification of access to Bank records required before payment for subscription to capital stock and contribution to Fund for Special Operations The Secretary of the Treasury also can't pay this money until the Secretary, after talking with the U.S. Executive Director of the Bank, certifies to Congress that: the Bank has given the U.S. Comptroller General access to the Bank Auditor General's memo on the Bank's November 1987 disbursement to Nicaragua's government; the Bank has put in place, and keeps using, revised 1988 procedures for collecting overdue loan payments; those revised procedures satisfy the Bank Auditor General's recommendations; and the Comptroller General has access to all Bank documents on the same terms as the U.S. Executive Director of the Bank.
the actual law source: uscode.house.gov ↗public domain
(a) Authority to vote for, and to subscribe and contribute to, increase in authorized capital stock of Bank and increase in resources of Fund for Special Operations
(1) Vote authorized

The United States Governor of the Bank is authorized to vote for resolutions which—

(A)

were transmitted by the Board of Executive Directors to the Governors of the Bank by resolution of April 19, 1989;

(B)

are pending before the Board of Governors of the Bank; and

(C)

provide for—

(i)

an increase in the authorized capital stock of the Bank and subscriptions to the Bank; and

(ii)

an increase in the resources of the Fund for Special Operations and contributions to the Fund.

(2) Subscription and contribution authority

To the extent and in the amounts provided in advance in appropriations Acts, on adoption of the resolutions described in paragraph (1), the United States Governor of the Bank may, on behalf of the United States—

(A)

subscribe to 760,112 shares of the increase in the authorized capital stock of the Bank; and

(B)

contribute $82,304,000 to the Fund for Special Operations.

(b) Limitation on authorization of appropriations

To pay for the subscription and contribution authorized under subsection (a), there are authorized to be appropriated, without fiscal year limitation, for payment by the Secretary of the Treasury—

(1)

$9,169,559,712, for the United States subscription to the capital stock of the Bank; and

(2)

$82,304,000, for the United States contribution to the Fund for Special Operations.

(c) Organizational changes required to be made before payment for subscription to capital stock and contribution to Fund for Special Operations

The Secretary of the Treasury may not make any payment for the subscription and contribution authorized under subsection (a) unless the Bank—

(1)

has established an environmental unit with responsibility for the development, evaluation, and integration of Bank policies, projects, and programs designed to promote environmentally sustainable development in borrower countries;

(2)

has increased the number of the staff of the Bank with environmentally oriented responsibilities and training;

(3)

provides for an increase in the number of environmentally beneficial projects and programs financed by the Bank; and

(4)

has designed a process for ensuring the access of indigenous non-governmental organizations to the process for designing projects and programs.

(d) Certification of access to Bank records required before payment for subscription to capital stock and contribution to Fund for Special Operations

The Secretary of the Treasury shall not make any payment for the subscription and contribution authorized under subsection (a) until the Secretary, after consultation with the United States Executive Director of the Bank, certifies to the Congress that—

(1)

the Bank has given the Comptroller General of the United States access to the audit memorandum issued by the Auditor General of the Bank with respect to the November 1987 disbursement of funds to the Government of Nicaragua;

(2)

the Bank has implemented and is continuing to implement revised procedures issued in 1988 for collecting loan services payments in arrears;

(3)

the revised procedures referred to in paragraph (2) satisfy the recommendations of the Auditor General of the Bank; and

(4)

the Comptroller General of the United States has access to all documents of the Bank on the same terms and under the same conditions as such documents are made available to the United States Executive Director of the Bank.

Source credit: (Pub. L. 86–147, § 33, as added Pub. L. 101–240, title II, § 201, Dec. 19, 1989, 103 Stat. 2496.)

history & why it existsrecord from the source credit
  • 1989Enacted · Pub. L. 86-147 · 103 Stat. 2496

A history note hasn’t been published yet. The record shows enactment by Pub. L. 86-147 on 1989-12-19.

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