dreamproit/uscode huggingface dataset:
22 U.S.C. § 290i–1 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290i–1. Governor and Alternate Governor
(a) Appointment
The President shall appoint a Governor and an Alternate Governor of the Bank—
(1) by and with the advice and consent of the Senate; or
(2) from among individuals serving as officials required by law to be appointed by and with the advice and consent of the Senate.
(b) Term; termination and reappointment
The term of office for the Governor and the Alternate Governor shall be five years, subject at any time to termination of appointment or to reappointment. The Governor and Alternate Governor shall remain in office until a successor has been appointed.
(c) Compensation and expenses
No person shall be entitled to receive any salary or other compensation from the United States for services as a Governor or Alternate Governor, except for reasonable expenses to attend meetings of the Board of Governors.
(d) Voting
The Governor, or in the Governor’s absence the Alternate Governor, on the instructions of the President, shall cast the votes of the United States for the Director to represent the United States in the Bank.
(Pub. L. 97–35, title XIII, § 1333, Aug. 13, 1981, 95 Stat. 741; Pub. L. 101–513, title V, § 562(b)(3), Nov. 5, 1990, 104 Stat. 2034; Pub. L. 112–166, § 2(z)(1), Aug. 10, 2012, 126 Stat. 1289.)
heading: Editorial Notes
heading: Amendments
text: 2012—Pub. L. 112–166 substituted “The President shall appoint a Governor and an Alternate Governor of the Bank—” and pars. (1) and (2) for “The President, by and with the advice and consent of the Senate, shall appoint a Governor, an Alternate Governor, and a Director of the Bank.” in subsec. (a), redesignated second and third sentences of subsec. (a) as (b), and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.
1990—Subsec. (a). Pub. L. 101–513 substituted “Governor, an Alternate Governor, and a Director” for “Governor and an Alternate Governor”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2012 Amendment
text: Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
heading: Executive Documents
heading: Delegation of Functions
text: Functions of President under subsec. (c) delegated to Secretary of the Treasury, see Ex. Ord. No. 12403, Feb. 8, 1983, 48 F.R. 6087.
22 U.S.C. § 290i–2 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290i–2. Director or Alternate Director; allowances
(a) The President, by and with the advice and consent of the Senate, shall appoint a Director of the Bank.
(b) The Director or Alternate Director representing the United States, if citizens of the United States, may, in the discretion of the President, receive such compensation, allowances, and other benefits as, together with those received from the Bank and from the African Development Fund, may not exceed those authorized for a chief of mission under the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.].
(Pub. L. 97–35, title XIII, § 1334, Aug. 13, 1981, 95 Stat. 741; Pub. L. 112–166, § 2(z)(2), Aug. 10, 2012, 126 Stat. 1289.)
heading: Editorial Notes
heading: References in Text
text: The Foreign Service Act of 1980, referred to in text, is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, as amended, which is classified principally to chapter 52 (§ 3901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables.
heading: Amendments
text: 2012—Pub. L. 112–166 added subsec. (a) and designated existing provisions as subsec. (b).
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2012 Amendment
text: Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
heading: Executive Documents
heading: Delegation of Functions
text: Functions of President under this section delegated to Secretary of the Treasury, see Ex. Ord. No. 12403, Feb. 8, 1983, 48 F.R. 6087.
22 U.S.C. § 290i–3 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290i–3. Applicability of Bretton Woods Agreements Act
The provisions of section 4 of the Bretton Woods Agreements Act (22 U.S.C. 286b) shall apply with respect to the Bank to the same extent as with respect to the International Bank for Reconstruction and Development and the International Monetary Fund.
(Pub. L. 97–35, title XIII, § 1335, Aug. 13, 1981, 95 Stat. 741; Pub. L. 101–240, title V, § 541(e)(7), Dec. 19, 1989, 103 Stat. 2519.)
heading: Editorial Notes
heading: References in Text
text: The Bretton Woods Agreements Act, referred to in section catchline, is act July 31, 1945, ch. 339, 59 Stat. 512, as amended, which is classified principally to subchapter XV (§ 286 et seq.) of this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 286 of this title and Tables.
heading: Amendments
text: 1989—Pub. L. 101–240 struck out at end “Reports with respect to the Bank under paragraphs (5) and (6) of section 4 of that Act shall be included in the first and subsequent reports made thereunder after the United States accepts membership in the Bank.”
22 U.S.C. § 290i–6 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290i–6. Subscription to stock
(a) Authorization of United States subscription to stock
The President is authorized to agree to subscribe on behalf of the United States to twenty-nine thousand eight hundred and twenty shares of the capital stock of the Bank: Provided, however, That the subscription shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(b) Authorization of appropriations
There is authorized to be appropriated, without fiscal year limitation, for payment by the Secretary of the Treasury of the initial United States subscription to twenty-nine thousand eight hundred and twenty shares of the capital stock of the Bank, $359,733,570: Provided, however, That not more than $17,986,679 of such sum may be made available for paid in subscriptions to the Bank for each of the fiscal years 1982, 1983, and 1984.
(c) Distributions by Bank
Any payment or distributions of moneys from the Bank to the United States shall be covered into the Treasury as a miscellaneous receipt.
(Pub. L. 97–35, title XIII, § 1338, Aug. 13, 1981, 95 Stat. 742.)
heading: Executive Documents
heading: Delegation of Functions
text: Functions of President under subsec. (a) delegated to Secretary of the Treasury, see Ex. Ord. No. 12403, Feb. 8, 1983, 48 F.R. 6087.
22 U.S.C. § 290i–8 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290i–8. Force and effect of agreement
Paragraph 5 of article 49, articles 50 through 59, and the other provisions of the agreement shall have full force and effect in the United States, its territories and possessions, and the Commonwealth of Puerto Rico, upon acceptance of membership by the United States in the Bank. The President, at the time of deposit of the instrument of acceptance of membership by the United States in the Bank, shall also deposit a declaration as provided in article 64, paragraph 3, of the agreement that the United States retains for itself and its political subdivisions the right to tax salaries and emoluments paid by the Bank to United States citizens or nationals.
(Pub. L. 97–35, title XIII, § 1340, Aug. 13, 1981, 95 Stat. 743.)
heading: Editorial Notes
heading: References in Text
text: The agreement, referred to in text, is the agreement establishing the African Development Bank. See section 290i of this title.
22 U.S.C. § 290i–9 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290i–9. Securities issued by Bank; Securities and Exchange Commission oversight
(a) Treatment as exempt securities; reports to Securities and Exchange Commission
Any securities issued by the Bank (including any guarantee by the Bank, whether or not limited in scope) in connection with the raising of funds for inclusion in the Bank’s ordinary capital resources as defined in article 9 of the agreement and any securities guaranteed by the Bank as to both principal and interest to which the commitment in article 7, paragraph 4(a), of the agreement is expressly applicable, shall be deemed to be exempted securities within the meaning of sections 77c(a)(2) and 78c(a)(12) of title 15. The Bank shall file with the Securities and Exchange Commission such annual and other reports with regard to such securities as the Commission shall determine to be appropriate in view of the special character of the Bank and its operations as necessary in the public interest or for the protection of investors.
(b) Suspension of provisions; reports to Congress
The Securities and Exchange Commission, acting in consultation with such agency or officer as the President shall designate, is authorized to suspend the provisions of subsection (a) at any time as to any or all securities issued or guaranteed by the Bank during the period of such suspension. The Commission shall include in its annual reports to Congress such information as it shall deem advisable with regard to the operations and effect of this section and in connection therewith shall include any views submitted for such purpose by any association of dealers registered with the Commission.
(Pub. L. 97–35, title XIII, § 1341, Aug. 13, 1981, 95 Stat. 743.)
heading: Editorial Notes
heading: References in Text
text: The agreement, referred to in subsec. (a), is the agreement establishing the African Development Bank. See section 290i of this title.
heading: Executive Documents
heading: Delegation of Functions
text: Functions of President under subsec. (b) delegated to Secretary of the Treasury, see Ex. Ord. No. 12403, Feb. 8, 1983, 48 F.R. 6087.
22 U.S.C. § 290i–10 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290i–10. Authorization of United States subscription to stock; authorization of appropriations
(a) The United States Governor of the Bank is authorized to agree to subscribe on behalf of the United States to fifty-nine thousand, six hundred and thirty-two shares of the capital stock of the Bank, except that the subscription shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.
(b) In order to pay for the United States subscription authorized in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $719,370,633, for payment by the Secretary of the Treasury.
(Pub. L. 97–35, title XIII, § 1343, as added Pub. L. 100–202, § 101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329–134.)
heading: Editorial Notes
heading: Codification
text: Section 1343 of Pub. L. 97–35 is based on section 301 of title III of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
heading: Statutory Notes and Related Subsidiaries
heading: Fifth General Capital Increase
text: Pub. L. 106–113, div. B, § 1000(a)(2) [title V, § 594], Nov. 29, 1999, 113 Stat. 1535, 1501A–122, provided in part that the Secretary of the Treasury may effect the United States participation in the fifth general capital increase of the African Development Bank, and authorized $40,847,011 to be appropriated without fiscal year limitation for payment by the Secretary for paid-in capital of the Bank and $639,932,485 to be appropriated without fiscal year limitation for payment by the Secretary for callable capital of the Bank.
22 U.S.C. § 290j (FOREIGN RELATIONS AND INTERCOURSE)
§ 290j. Establishment of the Fund
(a) Agreement with Government of India; program purposes
The President is authorized to enter into an agreement with the Government of India for the establishment of a fund (hereafter in this subchapter referred to as the “Fund”) which would provide grants and other assistance for cultural, educational, and scientific programs of mutual interest. Such programs may include exchanges of persons, exchanges of information, and other programs of study, research, and scholarly cooperation. The agreement may also provide for the establishment of an endowment, a foundation, or other means to carry out the purposes of the agreement.
(b) United States representatives
The United States representatives on any board or other entity created in accordance with the agreement to administer the Fund shall be designated by the President predominately from among representatives of United States Government agencies, including those administering programs which may be supported in whole or in part by the Fund.
(c) Funding of programs
United States Government agencies carrying out programs of the types specified in subsection (a) may receive amounts directly from the Fund for use in carrying out those programs.
(Pub. L. 98–164, title IX, § 902, Nov. 22, 1983, 97 Stat. 1051.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 98–164, title IX, § 901, Nov. 22, 1983, 97 Stat. 1051, provided that: “This title [enacting this subchapter] may be cited as the ‘United States-India Fund for Cultural, Educational, and Scientific Cooperation Act’.”
heading: Executive Documents
heading: Ex. Ord. No. 12517. Delegation Concerning United States-India Fund for Cultural, Educational, and Scientific Cooperation
text: Ex. Ord. No. 12517, May 29, 1985, 50 F.R. 23105, provided:
By the authority vested in me as President by the Constitution and statutes of the United States of America, including section 301 of Title 3 of the United States Code, and in order to delegate certain functions concerning the United States-India Fund for Cultural, Educational, and Scientific Cooperation to the Secretary of State, it is hereby ordered as follows:
Section 1. All functions vested in the President by the United States-India Fund for Cultural, Educational, and Scientific Cooperation Act (Title IX of Public Law 98–164, 97 Stat. 1051; “the Act”) [22 U.S.C. 290j et seq.] are delegated to the Secretary of State.
Sec. 2. India rupees provided to the President for purposes of Title IX of the Act and under Title III of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1985 (Public Law 98–411, 98 Stat. 1545) are allocated to the Secretary of the Treasury for investment to generate earnings for purposes of Title IX of the Act.
Ronald Reagan.
22 U.S.C. § 290j–1 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290j–1. Use of United States owned rupees to capitalize the Fund
(a) Subject to applicable requirements concerning reimbursement to the Treasury for United States owned foreign currencies, the President may make available to the Fund, for use in carrying out the agreement authorized by section 290j of this title, up to the equivalent of $200,000,000 in foreign currencies owned by the United States in India or owed to the United States by the Government of India. Such use may include investment in order to generate interest which would be retained in the Fund and used to support programs pursuant to that agreement.
(b) In accordance with the agreement negotiated pursuant to section 290j(a) of this title, sums made available for investment for the United States-India Fund for Cultural, Educational, and Scientific Cooperation under the Departments of Commerce, Justice, and State, and the Judiciary and Related Agencies Appropriation Act, 1985, and any earnings on such sums shall be available for the purposes of section 290j(a) of this title.
(Pub. L. 98–164, title IX, § 903, Nov. 22, 1983, 97 Stat. 1051; Pub. L. 99–93, title VIII, § 808, Aug. 16, 1985, 99 Stat. 452; Pub. L. 100–204, title III, § 305, Dec. 22, 1987, 101 Stat. 1379.)
heading: Editorial Notes
heading: References in Text
text: The Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1985, referred to in subsec. (b), is Pub. L. 98–411, Aug. 30, 1984, 98 Stat. 1545. For provisions relating to contribution to the United States-India Fund for Cultural, Educational, and Scientific Cooperation, see 98 Stat. 1567.
heading: Amendments
text: 1987—Subsec. (b). Pub. L. 100–204 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Pending completion of the negotiation of an agreement with the Government of India, the annual earnings generated by the moneys appropriated by the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1985, may be used for the purposes set out in section 290j(a) of this title.”
1985—Pub. L. 99–93 designated existing provisions as subsec. (a) and added subsec. (b).
22 U.S.C. § 290k (FOREIGN RELATIONS AND INTERCOURSE)
§ 290k. Acceptance of membership
The President is hereby authorized to accept membership for the United States in the Multilateral Investment Guarantee Agency (hereinafter in this subchapter referred to as the “Agency”) provided for by the Convention Establishing the Multilateral Investment Guarantee Agency (hereinafter in this subchapter referred to as the “Convention”) deposited in the archives of the International Bank for Reconstruction and Development (hereinafter in this subchapter referred to as the “Bank”).
(Pub. L. 100–202, § 101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329–134.)
heading: Editorial Notes
heading: Codification
text: Section is based on section 403 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
Section 402 of title IV of H.R. 3750, as introduced Dec. 11, 1987, and as enacted into law by section 101(e) [title I] of Pub. L. 100–202, provided that: “This title [enacting this subchapter] shall be codified as subchapter XXVI of chapter 7 of title 22 of the United States Code.”
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Section 401 of title IV of H.R. 3750, as introduced Dec. 11, 1987, and as enacted into law by Pub. L. 100–202, § 101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329–134, provided that: “This title [enacting this subchapter] may be cited as the ‘Multilateral Investment Guarantee Agency Act’.”
22 U.S.C. § 290k–1 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290k–1. Governor and Alternate Governor
The Governor and Alternate Governor of the Bank, appointed under section 286a of this title, shall serve as Governor and Alternate Governor, respectively, of the Agency.
(Pub. L. 100–202, § 101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329–134.)
heading: Editorial Notes
heading: Codification
text: Section is based on section 404 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
22 U.S.C. § 290k–2 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290k–2. Instructions for United States Director
Immediately after taking office and prior to the issuance by the Agency of its first guarantee, the United States Director of the Agency shall propose and actively seek the adoption by the Board of Directors of policies and procedures under which the Agency will not issue guarantees in respect of any proposed investment that would—
(1) be in any country which has not taken or is not taking steps to afford internationally recognized workers’ rights to workers in that country;
(2) be subject to trade-distorting performance requirements imposed by the host country that are likely to result in a significant net reduction in—
(A) employment in the United States or other member countries; or
(B) other trade benefits likely to accrue to the United States or other member countries from the investment; or
(3) increase a country’s productive capacity in an industry already facing excess worldwide capacity for the same, similar or competing product, and cause substantial injury to producers of such product in another member country.
(Pub. L. 100–202, § 101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329–134.)
heading: Editorial Notes
heading: Codification
text: Section is based on section 405 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
22 U.S.C. § 290k–3 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290k–3. Opposition to certain guarantees or investment promotions; independent evaluation of guaranteed investments
Consistent with the purposes of section 290k–2 of this title, the Secretary of the Treasury shall—
(1) instruct the United States Director to oppose, and to actively seek the concurrence of other members of the Board of Directors in opposing, any guarantee or other investment promotion under consideration by the Agency if the proposed investment would—
(A) be in any country which is not a beneficiary developing country for purposes of title V of the Trade Act of 1974 [19 U.S.C. 2461 et seq.] because it has not taken or is not taking steps to afford internationally-recognized workers’ rights to workers in that country;
(B) be subject to trade-distorting performance requirements imposed by the host country that are likely to result in a significant net reduction in—
(i) employment in the United States; or
(ii) other trade benefits likely to accrue to the United States from the investment; or
(C) likely increase a country’s productive capacity in an industry already facing excess worldwide capacity for the same, similar or competing product, and cause substantial injury to producers of such products in the United States; and
(2) within 12 months after the United States becomes a member of the Agency and each year thereafter for the 3 succeeding years, conduct an independent evaluation of the United States investments which have been guaranteed by the Agency to determine—
(A) the anticipated net impact of such investments on employment in and exports from the United States, and
(B) the extent to which such investments were made in countries which had not taken or are not taking steps to afford internationally-recognized workers’ rights to workers in those countries.
In the course of conducting each evaluation required under paragraph (2), the Secretary shall actively solicit and take into account the views of United States labor organizations. The Secretary shall furnish a copy of each such evaluation on its completion to the Congress.
(Pub. L. 100–202, § 101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329–134.)
heading: Editorial Notes
heading: References in Text
text: The Trade Act of 1974, referred to in par. (1)(A), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, as amended. Title V of the Trade Act of 1974 is classified generally to subchapter V (§ 2461 et seq.) of chapter 12 of Title 19, Customs Duties. For complete classification of this Act to the Code, see section 2101 of Title 19 and Tables.
heading: Codification
text: Section is based on section 406 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.
22 U.S.C. § 290k–4 (FOREIGN RELATIONS AND INTERCOURSE)
§ 290k–4. Consultation with representatives of private sector and of labor organizations on Agency policy directions and operations
Recognizing that United States participation in the Agency represents an effort to enhance United States trade prospects and strengthen the role of the United States private sector in the development process, the Secretary of the Treasury shall ensure regular and continuing consultations with United States private sector representatives and representatives of United States labor organizations, through appropriate mechanisms, on policy directions and operations of the Agency, and shall take account of those consultations in determining the policies of the United States toward the Agency.
(Pub. L. 100–202, § 101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329–134.)
heading: Editorial Notes
heading: Codification
text: Section is based on section 407 of title IV of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.