[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3168 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3168

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 19, 2008

 Mr. Biden (for himself and Mr. Lugar) introduced the following bill; 
which was read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``International Development 
Association Replenishment Act of 2008''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Greenhouse gas.--The term ``greenhouse gas'' means 
        carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, a 
        perfluorocarbon, or a hydrofluorocarbon.
            (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).

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:

``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.
    ``(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.''.

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.
    (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--
            (1) assisting poor countries in investigations and 
        prosecutions of fraud and corruption related to a loan, grant, 
        or credit from the World Bank; and
            (2) determining whether such a program should be carried 
        out at other multilateral development banks.
    (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.
    (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.
    (e) Monitoring.--The Secretary shall be responsible for 
establishing a system for--
            (1) monitoring the disbursement and use of funds from the 
        Trust; and
            (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.
    (f) Other Donors.--The Secretary shall encourage other donors to 
the multilateral development banks to contribute funds to the Trust.
    (g) Reports.--
            (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--
                    (A) describes the actions taken to establish the 
                Trust;
                    (B) evaluates the feasibility of establishing 
                similar trusts at other multilateral development banks; 
                and
                    (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.
            (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.
    (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.

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:
            ``(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; and
            ``(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; and
            ``(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.''.
    (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.

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)).
    (b) Contents.--Each report submitted under subsection (a) shall 
describe the assessments provided for in section 1307(a) of such Act, 
including--
            (1) an assessment of--
                    (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; and
                    (B) the total greenhouse gas emissions of all 
                projects described in subparagraph (A);
            (2) an assessment of the greenhouse gas emissions of 
        project alternatives that would address similar economic and 
        social goals; and
            (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.
    (c) Performance Evaluations of Assessments.--Each report submitted 
under subsection (a) shall include an evaluation of--
            (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;
            (2) an identification of best practices for assessing the 
        direct and indirect greenhouse gas emissions associated with 
        such projects; and
            (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.

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.
    (b) Contents.--The report submitted under subsection (a) shall 
include--
            (1) an assessment of--
                    (A) the number of cases, key findings, and outcomes 
                of completed grievance processes;
                    (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;
                    (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;
                    (D) inclusion of stakeholders in the creation of 
                action plans to--
                            (i) remedy identified violations of the 
                        policies and procedures of the bank; and
                            (ii) address outstanding issues identified 
                        in problem-solving initiatives, if applicable;
                    (E) the quality and timeliness of the 
                implementation of action plans;
                    (F) the degree to which the Board exercises 
                systematic oversight of the implementation of action 
                plans;
                    (G) the degree to which stakeholders participate in 
                monitoring and implementation of action plans; and
                    (H) if action plans are not adequately implemented, 
                the suitability of the mechanisms for recourse for 
                affected people; and
            (2) a discussion regarding how the United States Executive 
        Director of each multilateral development bank will strengthen 
        weaknesses identified with each applicable grievance mechanism.
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