II 

Calendar No. 969 

110TH CONGRESS 

2D SESSION S. 3168 

[Report No. 110–464] 

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, Mr. LUGAR, and Mr. HAGEL) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

SEPTEMBER 16, 2008 

Reported by Mr. BIDEN, without amendment 

A BILL 

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

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘International Develop5 ment Association Replenishment Act of 2008’’. 


rfrederick on PROD1PC67 with BILLS
2 

•S 3168 RS

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) GREENHOUSE GAS.—The term ‘‘greenhouse 

4 gas’’ means carbon dioxide, methane, nitrous oxide, 

5 sulfur hexafluoride, a perfluorocarbon, or a 

6 hydrofluorocarbon. 

7 (2) MULTILATERAL DEVELOPMENT BANK.— 

8 The term ‘‘multilateral development bank’’ has the 

9 meaning given that term in section 1307 of the 

10 International Financial Institutions Act (Public Law 

11 95–118; 22 U.S.C. 262m–7). 

12 SEC. 3. INTERNATIONAL DEVELOPMENT ASSOCIATION. 

13 The International Development Association Act (22 

14 U.S.C. 284 et seq.) is amended by adding at the end the 

15 following: 

16 ‘‘SEC. 24. FIFTEENTH REPLENISHMENT. 

17 ‘‘(a) The United States Governor of the International 

18 Development Association is authorized to contribute on 

19 behalf of the United States $3,705,000,000 to the fif20 teenth replenishment of the resources of the Association, 

21 subject to obtaining the necessary appropriations. 

22 ‘‘(b) In order to pay for the United States contribu23 tion provided for in subsection (a), there are authorized 

24 to be appropriated $3,705,000,000 for payment by the 

25 Secretary of the Treasury.’’. 


rfrederick on PROD1PC67 with BILLS
3 

•S 3168 RS

1 SEC. 4. ANTICORRUPTION TRUST PILOT PROGRAM. 

2 (a) AUTHORIZATION.—The Secretary of the Treasury 

3 (referred to in this section as the ‘‘Secretary’’) is author4 ized to negotiate the creation of a pilot program that es5 tablishes an anticorruption trust at the World Bank, in 

6 accordance with this section. 

7 (b) PURPOSES.—The Secretary shall support the cre8 ation of an Anticorruption Trust Pilot Program (referred 

9 to in this section as the ‘‘Trust’’) whose purposes in10 clude— 

11 (1) assisting poor countries in investigations 

12 and prosecutions of fraud and corruption related to 

13 a loan, grant, or credit from the World Bank; and 

14 (2) determining whether such a program should 

15 be carried out at other multilateral development 

16 banks. 

17 (c) POOR COUNTRIES DEFINED.—In this section, the 

18 term ‘‘poor countries’’ means countries that are eligible 

19 to borrow from the International Development Associa20 tion, as such eligibility is determined by gross national 

21 product per capita, lack of creditworthiness to borrow on 

22 market terms, and good policy performance. 

23 (d) REPAYMENT OF FUNDS.—The Secretary may 

24 support a policy that allows a poor country that assesses 

25 a fine or receives any proceeds as a result of a prosecution 

26 paid for with funds from the Trust to repay the amount 


rfrederick on PROD1PC67 with BILLS
4 

•S 3168 RS

1 received from the Trust, up to the total amount received 

2 by such country. 

3 (e) MONITORING.—The Secretary shall be responsible 

4 for establishing a system for— 

5 (1) monitoring the disbursement and use of 

6 funds from the Trust; and 

7 (2) promoting access to such funds by poor 

8 countries that are challenged by the high cost of in9 vestigating and prosecuting corruption and fraud 

10 linked to a loan from, or a project funded by, the 

11 World Bank. 

12 (f) OTHER DONORS.—The Secretary shall encourage 

13 other donors to the multilateral development banks to con14 tribute funds to the Trust. 

15 (g) REPORTS.— 

16 (1) IMPLEMENTATION AND FEASIBILITY RE17 PORT.—Not later than June 1, 2009, the Secretary 

18 shall submit a report to the Committee on Foreign 

19 Relations of the Senate and the Committee on Fi20 nancial Services of the House of Representatives 

21 that— 

22 (A) describes the actions taken to establish 

23 the Trust; 


rfrederick on PROD1PC67 with BILLS
5 

•S 3168 RS

1 (B) evaluates the feasibility of establishing 

2 similar trusts at other multilateral development 

3 banks; and 

4 (C) evaluates the feasibility of encouraging 

5 each of the multilateral development banks to 

6 develop their own funding for programs, rather 

7 than through a trust, to assist poor countries in 

8 investigations and prosecutions of fraud and 

9 corruption related to a loan, grant, or credit 

10 from such bank. 

11 (2) EVALUATION REPORT.—If the Trust is es12 tablished in accordance with this section, the Sec13 retary, not later than June 1, 2010, shall submit a 

14 report to the Committee on Foreign Relations of the 

15 Senate and the Committee on Financial Services of 

16 the House of Representatives that evaluates the ef17 fectiveness of the Trust. 

18 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to the Secretary $2,000,000 

20 for contribution on behalf of the United States to the 

21 Trust, if the Trust is established in accordance with this 

22 section. 


rfrederick on PROD1PC67 with BILLS
6 

•S 3168 RS

1 SEC. 5. REQUIREMENTS TO CONSIDER GREENHOUSE GAS 

2 EMISSIONS IN ENVIRONMENTAL IMPACT AS3 SESSMENTS AND TO MAKE SUCH ASSESS4 MENTS AVAILABLE IN THE LANGUAGES OF 

5 THE PEOPLE AFFECTED. 

6 (a) IN GENERAL.—Section 1307(a) of the Inter7 national Financial Institutions Act (22 U.S.C. 262m– 

8 7(a)) is amended by striking paragraphs (1) and (2) and 

9 inserting the following: 

10 ‘‘(1) an assessment analyzing the environmental 

11 impacts, including associated and cumulative im12 pacts and net greenhouse gas emissions, of the pro13 posed action and of alternatives to the proposed ac14 tion, has been made available to the board of direc15 tors of the bank; and 

16 ‘‘(2)(A) such assessment or a comprehensive 

17 summary of the assessment (with propriety informa18 tion redacted) has been made available to affected 

19 groups and local nongovernmental organizations in 

20 English and in the official languages of the countries 

21 of the affected groups; and 

22 ‘‘(B) notice of the availability of the assessment 

23 or comprehensive summary at the bank and in the 

24 countries of the affected groups has been posted on 

25 the Internet website of the bank.’’. 


rfrederick on PROD1PC67 with BILLS
7 

•S 3168 RS

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall apply with respect to proposals for 

3 multilateral development bank projects made on or after 

4 October 1, 2009. 

5 SEC. 6. REPORT ON GREENHOUSE GAS EMISSIONS ASSOCI6 ATED WITH MULTILATERAL DEVELOPMENT 

7 BANK ACTIONS. 

8 (a) IN GENERAL.—Not later than January 1, 2010, 

9 and annually thereafter, the Secretary of the Treasury, 

10 after consultation with the Secretary of State, the Admin11 istrator of the United States Agency for International De12 velopment, and the Administrator of the Environmental 

13 Protection Agency, shall submit to the Committee on For14 eign Relations of the Senate and the Committee on Finan15 cial Services of the House of Representatives a report on 

16 the assessments provided for in section 1307(a) of the 

17 International Financial Institutions Act (22 U.S.C. 

18 262m–7(a)). 

19 (b) CONTENTS.—Each report submitted under sub20 section (a) shall describe the assessments provided for in 

21 section 1307(a) of such Act, including— 

22 (1) an assessment of— 

23 (A) the amount of greenhouse gas emis24 sions associated with each project with respect 

25 to which each multilateral development bank 


rfrederick on PROD1PC67 with BILLS
8 

•S 3168 RS

1 has provided a loan, guarantee, extension of 

2 credit, or grant, or has taken any other action, 

3 in the last year; and 

4 (B) the total greenhouse gas emissions of 

5 all projects described in subparagraph (A); 

6 (2) an assessment of the greenhouse gas emis7 sions of project alternatives that would address simi8 lar economic and social goals; and 

9 (3) a description of the plans of the Secretary 

10 of the Treasury to direct the United States Execu11 tive Director of each multilateral development bank 

12 in which the United States participates to use the 

13 voice and vote of the United States to encourage re14 ductions of greenhouse gas emissions associated with 

15 projects with respect to which the bank provides a 

16 loan, guarantee, extension of credit, or grant, or 

17 takes any other action. 

18 (c) PERFORMANCE EVALUATIONS OF ASSESS19 MENTS.—Each report submitted under subsection (a) 

20 shall include an evaluation of— 

21 (1) the methods that could be used to reduce 

22 greenhouse gas emissions associated with projects 

23 with respect to which a multilateral development 

24 bank provides a loan, guarantee, extension of credit, 

25 or grant, or takes any other action; 


rfrederick on PROD1PC67 with BILLS
9 

•S 3168 RS

1 (2) an identification of best practices for assess2 ing the direct and indirect greenhouse gas emissions 

3 associated with such projects; and 

4 (3) an evaluation of the extent to which each 

5 multilateral development bank is using the best 

6 practices identified in paragraph (2) in conducting 

7 the assessments of projects as provided for in section 

8 1307(a) of such Act. 

9 SEC. 7. REPORT ON PROCESS TO ADDRESS GRIEVANCES 

10 WITH THE MULTILATERAL DEVELOPMENT 

11 BANKS. 

12 (a) IN GENERAL.—Not later than August 1, 2009, 

13 the Secretary of the Treasury shall submit, to the Com14 mittee on Foreign Relations of the Senate and the Com15 mittee on Financial Services of the House of Representa16 tives, a report that evaluates the efficacy of the World 

17 Bank Inspection Panel, the Compliance Advisor Ombuds18 man of the International Finance Corporation and Multi19 lateral Investment Guarantee Agency, the African Devel20 opment Bank Independent Review Mechanism, the Inter21 American Development Bank Independent Investigation 

22 Mechanism, the Asian Development Bank Accountability 

23 Mechanism, and the European Bank for Reconstruction 

24 and Development Independent Recourse Mechanism. 


rfrederick on PROD1PC67 with BILLS
10 

•S 3168 RS

1 (b) CONTENTS.—The report submitted under sub2 section (a) shall include— 

3 (1) an assessment of— 

4 (A) the number of cases, key findings, and 

5 outcomes of completed grievance processes; 

6 (B) the level and adequacy of participation 

7 of requesters and other affected people in the 

8 compliance investigation process, including the 

9 extent to which their concerns were raised be10 fore the Board and senior management of the 

11 bank; 

12 (C) the level and adequacy of participation 

13 of requesters and other affected people in the 

14 problem-solving process, if applicable, including 

15 the extent to which their concerns were raised 

16 before the Board and management of the bank; 

17 (D) inclusion of stakeholders in the cre18 ation of action plans to— 

19 (i) remedy identified violations of the 

20 policies and procedures of the bank; and 

21 (ii) address outstanding issues identi22 fied in problem-solving initiatives, if appli23 cable; 

24 (E) the quality and timeliness of the imple25 mentation of action plans; 


rfrederick on PROD1PC67 with BILLS
11 

•S 3168 RS

1 (F) the degree to which the Board exer2 cises systematic oversight of the implementation 

3 of action plans; 

4 (G) the degree to which stakeholders par5 ticipate in monitoring and implementation of 

6 action plans; and 

7 (H) if action plans are not adequately im8 plemented, the suitability of the mechanisms for 

9 recourse for affected people; and 

10 (2) a discussion regarding how the United 

11 States Executive Director of each multilateral devel12 opment bank will strengthen weaknesses identified 

13 with each applicable grievance mechanism. 


rfrederick on PROD1PC67 with BILLS
Calendar No. 969 

110TH CONGRESS 

2D SESSION S. 3168 

[Report No. 110–464] 

A BILL 

To authorize United States participation in the revelopment Association, and for other purposes. plenishment of resources of the International DeSEPTEMBER 16, 2008 

Reported without amendment 


rfrederick on PROD1PC67 with BILLS