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22 U.S.C. § 286sConsideration of basic human needs in economic adjustment programs supported by Fund

submitted 81 years ago by Pub. L. 96-389 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 718 words · no verdicts yet

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The President must have Treasury, State, and other officials encourage countries to design their IMF economic-adjustment programs to protect jobs, income, and social spending as much as possible. U.S. representatives must push for IMF policy changes: longer standby arrangements, weighing basic-needs impacts before approving programs, and reviewing that analysis before each vote. They must also push the IMF and World Bank to coordinate their lending and regularly study how adjustment programs affect jobs, income, and social programs.

(a) Formulation and design of programs The President must instruct the Secretary of the Treasury, the Secretary of State, and other appropriate federal officials to use all appropriate means to encourage countries. When those countries design economic adjustment programs to fix their balance-of-payments problems, they should design them to protect — as much as possible — jobs, investment, real income per person, policies that narrow the gap between rich and poor, and social programs like health, housing, and education. (b) Changes in Fund guidelines, policies, and decisions; review; coordination; periodic analyses To make Fund-supported economic adjustment programs more effective, and to reinforce them with longer-term efforts toward growth and better living conditions: (1) U.S. representatives to the Fund must recommend and work for changes to Fund guidelines, policies, and decisions that would: (A) let standby arrangements run longer than three years, when needed for members to carry out their adjustment programs successfully; (B) require the Fund, before approving any adjustment program, to weigh its effect on jobs, investment, real income per person, the rich-poor wealth gap, and social programs like health, housing, and education — to minimize harm to basic human needs; and (C) require that letters of intent submitted to the Fund show the member country considered those same effects. (2)(A) Before voting to approve any standby arrangement for an economic adjustment program, the U.S. Executive Director must review either: (i) any analysis of those factors that the Fund or the member country already prepared under (1)(B) and (1)(C); or (ii) if no such analysis exists, one the U.S. Governor of the Fund must prepare examining the program's effect on those same factors. (B) The U.S. Executive Director must take that analysis into account when voting on the standby arrangement. (3) U.S. representatives to the Fund, the World Bank, and other relevant institutions must work to improve coordination among them. In particular, they must push for programs — alongside Fund-supported adjustment programs — that (A) promote employment, investment, real income per person, better income distribution, and social program goals like health, housing, and education, and (B) as much as is feasible and consistent with the country's need to fix its balance of payments in a reasonable time, ease any harm the adjustment programs cause to the poor. (4) U.S. representatives to the Fund and Bank must seek changes to how each institution's resources are used. When a country seeks Extended Fund Facility or upper-credit-tranche drawings from the Fund and also qualifies for World Bank financing, the Fund and Bank must coordinate their financing to: (A) account for how adjustment programs affect the areas listed in (3)(A); (B) provide, where feasible, Bank project loans designed to protect and support basic human needs in countries running Fund-supported adjustment programs; and (C) provide, as appropriate, Bank financing for structural-adjustment programs that build a productive economic base and better achieve basic-human-needs goals over the longer term. (5) U.S. representatives to the Fund and Bank must ask both institutions to regularly analyze how their supported adjustment programs affect jobs, investment, real income per person, income distribution, and social programs like health, housing, and education.
the actual law source: uscode.house.gov ↗public domain
(a) Formulation and design of programs

The President shall instruct the Secretary of the Treasury, the Secretary of State, and other appropriate Federal officials to use all appropriate means to encourage countries, in formulating economic adjustment programs to deal with their balance of payments difficulties, to design those programs so as to safeguard, to the maximum feasible extent, jobs, investment, real per capita income, policies to reduce the gap in wealth between rich and poor, and social programs such as health, housing, and education.

(b) Changes in Fund guidelines, policies, and decisions; review prior to approval of standby arrangements; coordination among institutions; coordination between Fund and Bank; periodic analyses

To ensure the effectiveness of economic adjustment programs supported by Fund resources and the reinforcement of those programs by longer term efforts to promote sustained growth and improved living conditions—

(1)

United States representatives to the Fund shall recommend and shall work for changes in Fund guidelines, policies, and decisions that would—

(A)

permit stand-by arrangements to be extended beyond three years, as necessary to enable Fund members to implement their economic adjustment programs successfully;

(B)

provide that in approving any economic adjustment program the Fund shall take into account the effect such program will have on jobs, investment, real per capita income, the gap in wealth between the rich and poor, and social programs such as health, housing, and education, in order to seek to minimize the adverse impact of those adjustment programs on basic human needs; and

(C)

provide that letters of intent submitted to the Fund in support of an economic adjustment program reflect that the member country has taken into account the effect such program will have on the factors listed in subparagraph (B);

(2)
(A)

before voting on the approval of any standby arrangement with respect to any economic adjustment program, the United States Executive Director shall review—

(i)

any analysis of factors prepared by the Fund or the member country in accordance with subparagraphs (B) and (C) of paragraph (1), or

(ii)

if no such analysis is prepared and available for such review, an analysis which shall be prepared by the United States Governor of the Fund which examines the effect of the program on the factors listed in subparagraph (B) of paragraph (1); and

(B)

the United States Executive Director of the Fund shall take into account the analysis reviewed pursuant to subparagraph (A) of this paragraph in voting on approval of that standby arrangement;

(3)

United States representatives to the Fund, to the Bank, and to other appropriate institutions shall work toward improving coordination among these institutions and, in particular, shall work toward formulation of programs in association with economic adjustment programs supported by Fund resources which (A) will, among other things, promote employment, investment, real income per capita, improvements in income distribution, and the objectives of social programs such as health, housing, and education, and (B) will, to the maximum extent feasible and consistent with the borrowing country’s need to improve its balance of payments position within a reasonable period, ameliorate any adverse effects of economic adjustment programs on the poor;

(4)

United States representatives to the Fund and the Bank shall seek amendments to decisions on policies on the use of Fund and Bank resources to provide that, where countries are seeking Extended Fund Facility or upper credit tranche drawings from the Fund and are eligible to receive financing from the Bank, the Fund and Bank will coordinate their financing activities in order—

(A)

to take into account the effects of economic adjustment programs on the areas listed in clause (A) of paragraph (3),

(B)

to provide, to the extent feasible, Bank project loans designed to safeguard and further basic human needs in countries adopting economic adjustment programs supported by Fund resources, and

(C)

to provide, as appropriate, Bank financing for programs of structural adjustment that will facilitate development of a productive economic base and greater attainment of basic human needs objectives over the longer term; and

(5)

United States representatives to the Fund and the Bank shall request the Fund and the Bank to provide periodic analyses of the effects of economic adjustment programs supported by Fund or Bank financing on jobs, investment, real income per capita, income distribution, and social programs such as health, housing, and education.

Source credit: (July 31, 1945, ch. 339, § 33, as added Pub. L. 96–389, § 2(a), Oct. 7, 1980, 94 Stat. 1551; amended Pub. L. 101–240, title V, § 541(d)(1), Dec. 19, 1989, 103 Stat. 2518.)

history & why it existsrecord from the source credit
  • 1945Enacted · Pub. L. 96-389 · 94 Stat. 1551
  • 1989Amended · Pub. L. 101-240 · 103 Stat. 2518

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-389 on 1945-07-31.

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