S 3168 ISRSCommentsClose CommentsPermalink

To authorize United States participation in the replenishment of resources of the International Development Association, and for other purposes.CommentsClose CommentsPermalink

June 19, 2008CommentsClose CommentsPermalink

Mr. BIDEN (for himself and, Mr. LUGAR, and Mr. HAGEL) introduced the following bill; which was read twice and referred to the Committee on Foreign RelationsCommentsClose CommentsPermalink

To authorize United States participation in the replenishment of resources of the International Development Association, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘International Development Association Replenishment Act of 2008’.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) GREENHOUSE GAS- The term ‘greenhouse gas’ means carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, a perfluorocarbon, or a hydrofluorocarbon.CommentsClose CommentsPermalink





(2) MULTILATERAL DEVELOPMENT BANK- The term ‘multilateral development bank’ has the meaning given that term in section 1307 of the International Financial Institutions Act (Public Law 95-118; 22 U.S.C. 262m-7).CommentsClose CommentsPermalink

SEC. 3. INTERNATIONAL DEVELOPMENT ASSOCIATION.

The International Development Association Act (22 U.S.C. 284 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

‘SEC. 24. FIFTEENTH REPLENISHMENT.

‘(a) The United States Governor of the International Development Association is authorized to contribute on behalf of the United States $3,705,000,000 to the fifteenth replenishment of the resources of the Association, subject to obtaining the necessary appropriations.CommentsClose CommentsPermalink





‘(b) In order to pay for the United States contribution provided for in subsection (a), there are authorized to be appropriated $3,705,000,000 for payment by the Secretary of the Treasury.’.CommentsClose CommentsPermalink

SEC. 4. ANTICORRUPTION TRUST PILOT PROGRAM.

(a) Authorization- The Secretary of the Treasury (referred to in this section as the ‘Secretary’) is authorized to negotiate the creation of a pilot program that establishes an anticorruption trust at the World Bank, in accordance with this section.CommentsClose CommentsPermalink





(b) Purposes- The Secretary shall support the creation of an Anticorruption Trust Pilot Program (referred to in this section as the ‘Trust’) whose purposes include--CommentsClose CommentsPermalink





(1) assisting poor countries in investigations and prosecutions of fraud and corruption related to a loan, grant, or credit from the World Bank; andCommentsClose CommentsPermalink





(2) determining whether such a program should be carried out at other multilateral development banks.CommentsClose CommentsPermalink





(c) Poor Countries Defined- In this section, the term ‘poor countries’ means countries that are eligible to borrow from the International Development Association, as such eligibility is determined by gross national product per capita, lack of creditworthiness to borrow on market terms, and good policy performance.CommentsClose CommentsPermalink





(d) Repayment of Funds- The Secretary may support a policy that allows a poor country that assesses a fine or receives any proceeds as a result of a prosecution paid for with funds from the Trust to repay the amount received from the Trust, up to the total amount received by such country.CommentsClose CommentsPermalink





(e) Monitoring- The Secretary shall be responsible for establishing a system for--CommentsClose CommentsPermalink





(1) monitoring the disbursement and use of funds from the Trust; andCommentsClose CommentsPermalink





(2) promoting access to such funds by poor countries that are challenged by the high cost of investigating and prosecuting corruption and fraud linked to a loan from, or a project funded by, the World Bank.CommentsClose CommentsPermalink





(f) Other Donors- The Secretary shall encourage other donors to the multilateral development banks to contribute funds to the Trust.CommentsClose CommentsPermalink





(g) Reports-CommentsClose CommentsPermalink





(1) IMPLEMENTATION AND FEASIBILITY REPORT- Not later than June 1, 2009, the Secretary shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives that--CommentsClose CommentsPermalink





(A) describes the actions taken to establish the Trust;CommentsClose CommentsPermalink





(B) evaluates the feasibility of establishing similar trusts at other multilateral development banks; andCommentsClose CommentsPermalink





(C) evaluates the feasibility of encouraging each of the multilateral development banks to develop their own funding for programs, rather than through a trust, to assist poor countries in investigations and prosecutions of fraud and corruption related to a loan, grant, or credit from such bank.CommentsClose CommentsPermalink





(2) EVALUATION REPORT- If the Trust is established in accordance with this section, the Secretary, not later than June 1, 2010, shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives that evaluates the effectiveness of the Trust.CommentsClose CommentsPermalink





(h) Authorization of Appropriations- There is authorized to be appropriated to the Secretary $2,000,000 for contribution on behalf of the United States to the Trust, if the Trust is established in accordance with this section.CommentsClose CommentsPermalink

SEC. 5. REQUIREMENTS TO CONSIDER GREENHOUSE GAS EMISSIONS IN ENVIRONMENTAL IMPACT ASSESSMENTS AND TO MAKE SUCH ASSESSMENTS AVAILABLE IN THE LANGUAGES OF THE PEOPLE AFFECTED.

(a) In General- Section 1307(a) of the International Financial Institutions Act (22 U.S.C. 262m-7(a)) is amended by striking paragraphs (1) and (2) and inserting the following:CommentsClose CommentsPermalink





‘(1) an assessment analyzing the environmental impacts, including associated and cumulative impacts and net greenhouse gas emissions, of the proposed action and of alternatives to the proposed action, has been made available to the board of directors of the bank; andCommentsClose CommentsPermalink





‘(2)(A) such assessment or a comprehensive summary of the assessment (with propriety information redacted) has been made available to affected groups and local nongovernmental organizations in English and in the official languages of the countries of the affected groups; andCommentsClose CommentsPermalink





‘(B) notice of the availability of the assessment or comprehensive summary at the bank and in the countries of the affected groups has been posted on the Internet website of the bank.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) shall apply with respect to proposals for multilateral development bank projects made on or after October 1, 2009.CommentsClose CommentsPermalink

SEC. 6. REPORT ON GREENHOUSE GAS EMISSIONS ASSOCIATED WITH MULTILATERAL DEVELOPMENT BANK ACTIONS.

(a) In General- Not later than January 1, 2010, and annually thereafter, the Secretary of the Treasury, after consultation with the Secretary of State, the Administrator of the United States Agency for International Development, and the Administrator of the Environmental Protection Agency, shall submit to the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives a report on the assessments provided for in section 1307(a) of the International Financial Institutions Act (22 U.S.C. 262m-7(a)).CommentsClose CommentsPermalink





(b) Contents- Each report submitted under subsection (a) shall describe the assessments provided for in section 1307(a) of such Act, including--CommentsClose CommentsPermalink





(1) an assessment of--CommentsClose CommentsPermalink





(A) the amount of greenhouse gas emissions associated with each project with respect to which each multilateral development bank has provided a loan, guarantee, extension of credit, or grant, or has taken any other action, in the last year; andCommentsClose CommentsPermalink





(B) the total greenhouse gas emissions of all projects described in subparagraph (A);CommentsClose CommentsPermalink





(2) an assessment of the greenhouse gas emissions of project alternatives that would address similar economic and social goals; andCommentsClose CommentsPermalink





(3) a description of the plans of the Secretary of the Treasury to direct the United States Executive Director of each multilateral development bank in which the United States participates to use the voice and vote of the United States to encourage reductions of greenhouse gas emissions associated with projects with respect to which the bank provides a loan, guarantee, extension of credit, or grant, or takes any other action.CommentsClose CommentsPermalink





(c) Performance Evaluations of Assessments- Each report submitted under subsection (a) shall include an evaluation of--CommentsClose CommentsPermalink





(1) the methods that could be used to reduce greenhouse gas emissions associated with projects with respect to which a multilateral development bank provides a loan, guarantee, extension of credit, or grant, or takes any other action;CommentsClose CommentsPermalink





(2) an identification of best practices for assessing the direct and indirect greenhouse gas emissions associated with such projects; andCommentsClose CommentsPermalink





(3) an evaluation of the extent to which each multilateral development bank is using the best practices identified in paragraph (2) in conducting the assessments of projects as provided for in section 1307(a) of such Act.CommentsClose CommentsPermalink

SEC. 7. REPORT ON PROCESS TO ADDRESS GRIEVANCES WITH THE MULTILATERAL DEVELOPMENT BANKS.

(a) In General- Not later than August 1, 2009, the Secretary of the Treasury shall submit, to the Committee on Foreign Relations of the Senate and the Committee on Financial Services of the House of Representatives, a report that evaluates the efficacy of the World Bank Inspection Panel, the Compliance Advisor Ombudsman of the International Finance Corporation and Multilateral Investment Guarantee Agency, the African Development Bank Independent Review Mechanism, the Inter-American Development Bank Independent Investigation Mechanism, the Asian Development Bank Accountability Mechanism, and the European Bank for Reconstruction and Development Independent Recourse Mechanism.CommentsClose CommentsPermalink





(b) Contents- The report submitted under subsection (a) shall include--CommentsClose CommentsPermalink





(1) an assessment of--CommentsClose CommentsPermalink





(A) the number of cases, key findings, and outcomes of completed grievance processes;CommentsClose CommentsPermalink





(B) the level and adequacy of participation of requesters and other affected people in the compliance investigation process, including the extent to which their concerns were raised before the Board and senior management of the bank;CommentsClose CommentsPermalink





(C) the level and adequacy of participation of requesters and other affected people in the problem-solving process, if applicable, including the extent to which their concerns were raised before the Board and management of the bank;CommentsClose CommentsPermalink





(D) inclusion of stakeholders in the creation of action plans to--CommentsClose CommentsPermalink





(i) remedy identified violations of the policies and procedures of the bank; andCommentsClose CommentsPermalink





(ii) address outstanding issues identified in problem-solving initiatives, if applicable;CommentsClose CommentsPermalink





(E) the quality and timeliness of the implementation of action plans;CommentsClose CommentsPermalink





(F) the degree to which the Board exercises systematic oversight of the implementation of action plans;CommentsClose CommentsPermalink





(G) the degree to which stakeholders participate in monitoring and implementation of action plans; andCommentsClose CommentsPermalink





(H) if action plans are not adequately implemented, the suitability of the mechanisms for recourse for affected people; andCommentsClose CommentsPermalink





(2) a discussion regarding how the United States Executive Director of each multilateral development bank will strengthen weaknesses identified with each applicable grievance mechanism.CommentsClose CommentsPermalink