§ 286ll TITLE 22—FOREIGN RELATIONS AND INTERCOURSE Page 142

for the purpose of determining whether the

Fund’s objectives were met and the social and

environmental impacts of such policy prescriptions; and

(2) the establishment of procedures which

ensure the inclusion, in future economic reform programs approved by the Fund, of policy options which eliminate or reduce the potential adverse impact on the well-being of the

poor or the environment resulting from such

programs.

(July 31, 1945, ch. 339, §55, as added Pub. L.

101–240, title III, §302, Dec. 19, 1989, 103 Stat.

2500.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 262r of this title.

§ 286ll. Fund policy changes

(a) Policy changes within IMF

The Secretary of the Treasury shall instruct

the United States Executive Director of the

Fund to promote regularly and vigorously in

program discussions and quota increase negotiations the following proposals:

(1) Poverty alleviation, reduction of barriers to

economic and social progress, and progress

toward environmentally sound policies and

programs

(A)(i) Considerations of poverty alleviation

and the reduction of barriers to economic and

social progress should be incorporated into all

Fund programs and all consultations under article IV of the Articles of Agreement of the

Fund.

(ii) Preparation of Policy Framework Papers

should be extended to all nations which have

Fund programs and active Bank or International Development Association lending

programs, and existence of a Policy Framework Paper should be a precondition for new

lending to such nations by the Fund.

(iii) All Policy Framework Papers should articulate the principal poverty, economic, and

social measures that the borrowing nation

needs to address, and this portion of the Policy Framework Paper (or a summary thereof

that includes specific measures and timing)

should be made available when the Policy

Framework Paper is submitted to the Executive Directors of the Bank and of the Fund for

consideration.

(iv) In considering whether to allocate resources of the Fund to a borrower, the Fund

should take into consideration the nature of

the program and commitment of the borrower

to address the issues referred to in clause (iii).

(v) The Fund should establish procedures to

enable the Fund to cooperate with the Bank in

evaluating the effectiveness of the measures

referred to in clause (iii), at the levels of policy, project design, monitoring, and reporting,

in the international financial institutions and

in the borrowing nations.

(B)(i) The Fund should be encouraged to

make further progress toward environmentally sound policies and programs.

(ii) The Fund should incorporate environmental considerations into all Fund programs,

including consultations under article IV of the

Articles of Agreement of the Fund.

(iii) The Fund should be encouraged to support the efforts of nations to implement systems of natural resource accounting in their

national income accounts.

(iv) The Fund should be encouraged to assist

and cooperate fully with the statistical research being undertaken by the Organization

for Economic Cooperation and Development

and by the United Nations in order to facilitate development and adoption of a generally

applicable system for taking account of the

depletion or degradation of natural resources

in national income accounts.

(v) The Fund should be encouraged to consider and implement, as appropriate, revisions

in its national income reporting systems consistent with such new systems as are of general applicability.

(2) Policy audits

(A) The Fund should conduct periodic audits

to review systematically the policy prescriptions recommended and required by the Fund

in the areas of poverty and the environment.

(B) The purposes of such audits would be—

(i) to determine whether the Fund’s objectives were met; and

(ii) to evaluate the social and environmental impacts of the implementation of

the policy prescriptions.

(C) Such audits would have access to all ongoing programs and activities of the Fund and

the ability to review the effects of Fund-supported programs, on a country-by-country

basis, with respect to poverty, economic development, and environment.

(D) Such audits should be made public as appropriate with due respect to confidentiality.

(3) Ensuring policy options that increase the

productive participation of the poor

The Fund should establish procedures that

ensure the focus of future economic reform

programs approved by the Fund on policy options that increase the productive participation of the poor in the economy.

(4) Public access to information

(A) The Fund should establish procedures for

public access to information.

(B) Such procedures shall seek to ensure access of the public to information while paying

due regard to appropriate confidentiality.

(C) Policy Framework Papers and the supporting documents prepared by the Fund’s

mission to a country are examples of documents that should be made public at an appropriate time and in appropriate ways.

(b) Progress report

Each annual report of the National Advisory

Council on International Monetary and Financial Policies shall describe the following:

(1) The actions that the United States Executive Director and other officials have taken

to convince the Fund to adopt the proposals

set forth in subsection (a) of this section

through formal initiatives before the Board

and management of the Fund, through bilateral discussions with other member nations,
Page 143 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 287

and through any further quota increase negotiations.

(2) The status of the progress being made by

the Fund in implementing the proposals set

forth in subsection (a) of this section.

(c) Study

The Secretary of the Treasury shall instruct

the United States Executive Director to the

Fund to urge the Fund—

(1) to explore ways to increase the involvement and participation of important ministries, national development experts, environmental experts, free-market experts, and other

legitimate experts and representatives from

the loan-recipient country in the development

of Fund programs; and

(2) to report on the status of Fund efforts in

this regard.

(July 31, 1945, ch. 339, §59, as added Pub. L.

102–511, title X, §1002, Oct. 24, 1992, 106 Stat.

3357.)

§ 286mm. Measures to reduce military spending

by developing nations

(a) Development by Fund of means to measure

military spending

(1) Position of the United States

The United States Executive Director of the

Fund shall use the voice and vote of the

United States to urge the Fund, in consultation with the Bank, to continue to develop an

economic methodology to measure the level of

military spending by each developing country.

(2) Progress report to the Congress

No later than 1 year after October 24, 1992,

the Secretary of the Treasury shall submit to

the Committee on Banking, Finance and

Urban Affairs of the House of Representatives

and the Committee on Banking, Housing, and

Urban Affairs and the Committee on Foreign

Relations of the Senate a report on the status

of the development by the Fund of a workable

economic methodology to measure military

spending by developing countries.

(b) Annual reports by Fund on levels of military

spending

The United States Executive Director of the

Fund shall use the voice and vote of the United

States to urge the Fund, beginning with 1994, to

provide the Executive Board of the Fund with

annual reports stating the estimate by the Fund

of the level of military spending by each developing country in the immediately preceding calendar year (or, with respect to developing countries whose fiscal years are not calendar years,

in the most recently completed fiscal year of the

developing country), not later than the date of

the annual fall Interim and Development Committee meetings.

(c) Analysis and assessment of military spending

to be included in article IV consultations by

Fund

The United States Executive Director of the

Fund shall use the voice and vote of the United

States to urge the Fund, beginning no later than

the date of the first report provided as described

in subsection (b) of this section, to include in

every article IV consultation with a developing

country an analysis of the level of military

spending by the developing country in the immediately preceding calendar year (or, with respect to developing countries whose fiscal years

are not calendar years, in the most recently

completed fiscal year of the developing country).

(July 31, 1945, ch. 339, §60, as added Pub. L.

102–511, title X, §1003, Oct. 24, 1992, 106 Stat.

3359.)

CHANGE OF NAME

Committee on Banking, Finance and Urban Affairs of

House of Representatives treated as referring to Committee on Banking and Financial Services of House of

Representatives by section 1(a) of Pub. L. 104–14, set

out as a note preceding section 21 of Title 2, The Congress.

SUBCHAPTER XVI—UNITED NATIONS

ORGANIZATION

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 289b of this

title.

§ 287. Representation in Organization

(a) Appointment of representative; rank, status,

and tenure; duties

The President, by and with the advice and consent of the Senate, shall appoint a representative of the United States to the United Nations

who shall have the rank and status of Ambassador Extraordinary and Plenipotentiary and

shall hold office at the pleasure of the President.

Such representative shall represent the United

States in the Security Council of the United Nations and may serve ex officio as representative

of the United States in any organ, commission,

or other body of the United Nations other than

specialized agencies of the United Nations, and

shall perform such other functions in connection

with the participation of the United States in

the United Nations as the President may, from

time to time, direct.

(b) Appointment of additional representatives;

rank, status, and tenure; duties; reappointment unnecessary

The President, by and with the advice and consent of the Senate, shall appoint additional persons with appropriate titles, rank, and status to

represent the United States in the principal organs of the United Nations and in such organs,

commissions, or other bodies as may be created

by the United Nations with respect to nuclear

energy or disarmament (control and limitation

of armament). Such persons shall serve at the

pleasure of the President and subject to the direction of the Representative of the United

States to the United Nations. They shall, at the

direction of the Representative of the United

States to the United Nations, represent the

United States in any organ, commission, or

other body of the United Nations, including the

Security Council, the Economic and Social

Council, and the Trusteeship Council, and perform such other functions as the Representative

of the United States is authorized to perform in

connection with the participation of the United