African Development Fund Act
PL 94-302 (H.R.9721), enacted 05/31/1976

PUBLIC LAW 94-302—MAY 31, 1976 
90 STAT. 591 
Public Law 94-
94th Congress 
302 
An Act 
To provide for increased participation by the United States in the Inter-American 
Development Banlj, to provide for the entry of nonregional members and the 
Bahamas and Guyana in the Inter-American Development Bank, to provide 
for the participation of the United States in the African Development Fund, 
and for other purposes. 
Be it enacted hy the Senate and House of Represeniatives 
of the 
United States of America 
in Congress 
assembled^ 
T I T L E I—INTER-AMERICAN D E V E L O P M E N T BANK 
SEC. 101. The Inter-American Development Bank Act (22 U.S.C. 
283 et seq.) is further amended by adding at the end thereof the 
following new sections: 
"SEC. 26. (a) The United States Governor of the Bank is hereby 
authorized to vote in favor of two resolutions proposed by the Gover-
nors at a special meeting in July 1975, and now pending before the 
Board of Governors of the Bank, which provide for (1) an increase 
in the authorized capital stock of the Bank and additional subscrip-
tions of members thereto and (2) an increase in the resources of the 
Fund for Special Operations and contributions thereto. Upon adop-
tion of such resolutions, the United States Governor is authorized to 
agree on behalf of the IJnited States (1) to subscribe to ninety-nine 
thousand four hundred and seventy-four shares of $10,000 par value 
of the increase in the authorized capital stock of the Bank of which 
eighty-nine thousand five hundred and twenty-six shall be callable 
shares and nine thousand nine hundred and forty-eight shall be paid 
in and 
(2) to contribute to the Fund for Special Operations 
$600,000,000, in accordance with and subject to the terms and condi-
tions of such resolutions. 
"(b) There are hereby authorized to be appropriated, without fiscal 
year limitation, the amounts necessary for payment by the Secretary 
of the Treasury of (1) $1,199,997,873 for the United States subscrip-
tion to the capital stock of the Bank and (2) $600,000,000 for the 
United States share of the increase in the resources of the Fund for 
Special Operations. 
"SEC. 27. (a) The United States Governor of the Bank is hereby 
authorized to vote for an additional increase of one hundred and eight 
thousand shares of $10,000 par value in the authorized callable capital 
stock of the Bank as recommended in the resolution of the Board of 
Governors entitled 'Increase of US$4 Billion in the Authorized 
Capital Stock and Subscriptions Thereto'. Upon adoption of a Board 
of Governors resolution increasing the authorized capital stock of the 
Bank by such amount, the United States Governor is authorized to 
agree on behalf of the United States to subscribe to thirty-seven 
thousand three hundred and three shares of $10,000 par value of such 
additional increase in callable capital in accordance with and subject 
to the terms and conditions of such resolution. 
May 31, 1976 
[H.R. 9721] ' 
Inter-American 
Development 
Bank and the 
African 
Development 
Fund, increased 
U.S. 
participation. 
Swine influenza, 
control. 
22 use 283w. 
Appropriation 
authorization. 
22 use 283x. 
89-194 O—78—pt. 1 
41 
90 STAT. 592 
PUBLIC LAW 94-302—MAY 31, 1976 
Appropriation 
"(b) In order to pay for the increase in the United States subscript 
authorization. 
tion to the Bank provided for in this section, there is hereby author-
ized to be appropriated, without fiscal year limitation, $450,002,218 
for payment by the Secretary of the Treasury.". 
SEC. 102. Under the center heading "INVESTMENT IN 
INTER-
AMERICAN DEVELOPMENT BANK" in title III of the Foreign Assistance 
89 Stat. 22. 
and Related Programs Appropriations Act, 1975, strike out all that 
follows after "to remain available until expended" and insert in lieu 
thereof a period. 
SEC. 103. (a) The Inter-American Development Bank Act (22 
U.S.C. 283 et seq.) is further amended as follows: 
(1) By adding after section 22 the following new sections: 
22 use 283t. 
"SEC. 23. The United States Governor of the Bank is authorized to 
vote for three proposed resolutions of the Board of Governors 
entitled (a) 'Amendments to the Agreement Establishing the Bank 
I, 
with respect to the Creation of the Inter-Regional Capital Stock of 
the Bank and to Related Matters', (b) 'General Rules Governing 
Admission of Nonregional Countries to Membership in the Bank', and 
< 
(c) 'Increase in the Authorized Callable Ordinary Capital Stock and 
Subscriptions Thereto in Connection with the Admission of Non-
^ 
regional Member Countries', which were submitted to the Board of 
Governors pursuant to a resolution of the Board of Executive 
Directors approved on March 4,1975, 
22 use 283u. 
"SEC. 24. The United States Governor of the Bank is authorized to 
agree to the amendments to article II, section 1(b) and article IV, 
\. 
section 3(b) of the Agreement Establishing the Bank, as proposed by 
the Board of Executive Directors, to provide for membership for the 
Bahamas and Guyana in the Bank at such times and in accordance 
with such terms as the Bank may determine. 
22 use 283v. 
"SEC. 25. The United States Governor of the Bank is authorized to 
agree to the amendments to article III, sections 1, 4, and 6(b) of the 
Agreement Establishing the Bank, as proposed by the Board of Execu-
tive Directors, to provide for lending to the Caribbean Development 
Bank. 
22 use 283y. 
"SEC. 28. (a) The United States Executive Director of the Bank is 
authorized and directed to vote against any loan, any extension of 
financial assistance, or any technical assistance to any country which 
engages in a consistent pattern of gross violations of internationally 
recognized human rights, including torture or cruel, inhumane, or 
degrading treatment or punishment, prolonged detention without 
charges, or other flagrant denial of the right to life, liberty, and the 
security of person, unless such assistance will directly benefit the needy 
people in such country. 
" (b) In determining whether this standard is being met with regard 
to activities of the Inter-American Development Bank, the Committee 
on Foreign Relations of the Senate or the House Committee on Inter-
national Relations, or the House Committee on Banking, Currency 
and Housing, may require the United States Governor of the Bank 
to submit in writing information demonstrating that such loan or 
assistance will directly benefit those persons in such country to which 
such loan or assistance is supposed to be directed, together with a 
detailed explanation of the assistance to be provided (including the 
dollar amounts of such assistance) and an explanation of how such 
assistance will directly benefit such persons in such country. 
"(c) In determining whether or not a country falls within the pro-
visions of subsection (a), the Senate Committee on Foreign Relations 
and the House Committee on International Relations and the House 
Committee on Banking, Currency and Housing shall give considera-
•;<•?•- 0 Hvf'-RS 
PUBLIC LAW 94-302—MAY 31, 1976 
90 STAT. 593 
tion to the extent of cooperation of such country in permitting an 
unimpeded investigation of alleged violations of internationally recog-
nized human rights by appropriate international organizations, includ-
ing the International Committee of the Red Cross, or groups or persons 
acting under the authority of the United Nations or of the Organiza-
tion of American States,". 
(2) By inserting in the first sentence of section 5 after "article II, 
section 3" a comma and the words "or article IIA, section 2,"; and by 
inserting in the last sentence of section 5 after "article II, section 2," 
the words "or article IIA, section 1,". 
(3) By deleting in the first sentence of section 11(a) the word 
"ordinary"; by inserting in section 11(a) after the words "article II, 
section 5," the words "and article IIA, section 4,"; and by inserting 
in section 11(a) after the words "article II, section 4(a) (ii)," the 
words "or article IIA, section 3(c),". 
(b) The amendments made by paragraphs (2) and (3) of this sec-
tion shall become effective upon approval by the Board of Governors 
of the Bank of the resolutions referred to in section 23 of the Inter-
American Development Bank Act (22 U.S.C. 283 et seq.). 
SEC. 104. The Inter-American Development Bank Act (22 U.S.C. 
283 et seq.) is further amended by adding at the end thereof the 
following new section: 
"SEC. 29. (a) The United States Executive Director of the Bank 
shall propose to the Board of Executive Directors of the Bank the 
adoption of a resolution providing (1) that the development and 
utilization of light-capital or intermediate technologies should be 
accepted as major facets of the Bank's development strategy, and (2) 
that such light-capital or intermediate technologies should be devel-
oped and utilized as soon as possible in all Bank activities. Such 
resolution shall further provide that, by the close of the calendar year 
1977, some projects that employ primarily such light-capital or inter-
mediate technologies shall be designed and approved. 
"(b) The United States Governor of the Bank shall report to the 
Congress no later than six months after the date of the enactment of 
this section on the proposal made under subsection (a), and no later 
than twelve months after such date on the progress that has been 
made with respect to such proposal.". 
22 use 283c. 
22 use 283h. 
22 use 283c 
note. 
Ante, p. 592. 
22 use 283z. 
^'I'S V. 
Report to - ' S' 
eongress. 
TITLE II—AFRICAN DEVELOPMENT FUND 
African 
Development 
Fund Act. 
22 use 290g 
note. 
22 use 290g. 
SEC. 201. This Title may be cited as the "African Development 
Fund Act". 
SEC. 202. The President is hereby authorized to accept participa-
tion for the United States in the African Development Fund (here-
inafter referred to as the "Fund") provided for by the agreement 
establishing the Fund (hereinafter referred to as the "agreement") 
deposited in the Archives of the United Nations. 
SEC. 203. (a) The President, by and with the advice and consent Governor, 
of the Senate, shall appoint a Governor, and an Alternate Governor, appointment 
of the Fund. 
22 USe 290g-l. 
(b) The Governor, or in his 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 Fund. 
The Director representing the United States and his Alternate, if eompensation. 
they are citizens of the United States, may, in the discretion of the 
President, receive such compensation, allowances, and other benefits 
not exceeding those authorized for a Chief of Mission, class 2, within 
the meaning of the Foreign Service Act of 1946, as amended. 
22 USC 801 noi:e. 
90 STAT. 594 
PUBLIC LAW 94-302—MAY 31, 1976 
22 use 290g-2. 
SEC. 204. The provisions of section 4 of the Bretton Woods Agree-
ments Act, as amended (22 U.S.C. 286b), shall apply with respect to 
the Fund to the same extent as with respect to the International Bank 
for Reconstruction and Development and the International Monetary 
Fund. Reports with respect to the Fund under paragraphs (5) and 
(6) of subsection 4 of said Act, as amended, shall be included in the 
first report made thereunder after the United States accepts partici-
pation in the Fund. 
22 use 290g-3. 
SEC. 205. Unless Congress by law authorizes such action, neither 
the President nor any person or agency shall, on behalf of the United 
States: 
(a) agree to an increase in the subscription of the United States 
to the Fund; 
(b) vote for or agree to any amendment of the agreement which 
increases the obligations of the United States, or which would 
'MS 
change the purpose or functions of the Fund; or 
(c) make a loan or provide other financing to the Fund, except 
that funds for technical assistance may be provided to the Fund 
by a United States agency created pursuant to an Act of Congress 
which is authorized by law to provide funds to international 
organizations. 
Appropriation 
SEC. 206. (a) There is hereby authorized to be appropriated without 
authorization. 
fiscal 
year limitation, as the United States subscription, $25,000,000 
22 use 290g-4. 
^^ j^^ ^2Jid by the Secretary of the Treasury to the Fund in three annual 
installments of $9,000,000, $8,000,000, and $8,000,000. 
(b) Any repayment or distribution of moneys from the Fund to 
the United States shall be covered into the Treasury as a miscellaneous 
receipt. 
22 use 290g-5. 
SEC. 207. Any Federal Reserve bank which is requested to do so by 
the President shall act as a depository for the Fund, and the Board 
of Governors of the Federal Reserve System shall supervise and 
direct the carrying out of these functions by the Federal Reserve banks. 
22 use 290g-6. 
SEC. 208. For the purpose of any civil action which may be brought 
within the United States, its territories or possessions, or the Common-
wealth of Puerto Rico, by or against the Fund in accordance with the 
agreement, the Fund shall be deemed to be an inhabitant of the Fed-
eral judicial district in which its principal office or agency appointed 
for tiie purpose of accepting service or notice of service is located, and 
any such action to which the Fund shall be party shall be deemed to 
arise under the laws of the United States, and the district courts of 
the United States (including the courts enumerated in title 28, section 
460, United States Code) shall have original jurisdiction of any such 
action. When the Fund is defendant in any action in a State court, 
it may, at any time before the trial thereof, remove such action into 
the district court of the United States for the proper district by 
following the procedure for removal of causes otherwise provided by 
law. 
22 use 290g-7. 
SEC. 209. The agreement, including without limitation articles 41 
through 50, shall have full force and effect in the United States, 
its territories and possessions, and the Commonwealth of Puerto Rico, 
upon the acceptance of participation by the United States in, and the 
entrv into force of, the Fund. The President, at the time of deposit 
of the instrument of acceptance of participation of the United States 
in the Fund, shall also deposit a declaration that the United States 
retains for itself and its political subdivisions the right to tax salaries 
and emoluments paid by the Fund to its citizens or nationals and may 
deposit a declaration providing for reservations on other matters set 
forth in article 58. 
PUBLIC LAW 94-302—MAY 31, 1976 
90 STAT. 595 
SEC. 210. The President shall instruct the United States Governor 22 USC 290g-8. 
of the Fund to cause the Executive Director representing the United 
States in the Fund to cast the votes of the United States against any 
loan or other utilization of the funds of the Fund for the benefit of 
any country which has— 
(1) nationalized or expropriated or seized ownership or control 
of property owned by any United States citizen or by any corpora-
tion, partnership, or association not less than 50 per centum of 
which is beneficially owned by United States citizens; 
(2) taken steps to repudiate or nullify existing contracts or 
agreements with any United States citizen or any corporation, 
partnership, or association not less than 50 per centum of which 
is beneficially owned by United States citizens; or 
(3) imposed or enforced discriminatory taxes or other exac-
tions, or restrictive maintenance or operational conditions, or has 
taken other actions, which have the effect of nationalizing, expro-
priating, or otherwise seizing ownership or control of property 
so owned; 
unless the President determines that (A) an arrangement for prompt, 
adequate, and effective compensation has been made, (B) the parties 
have submitted the dispute to arbitration under the rules of the Con-
vention for the Settlement of Investment Disputes, or (C) good faith 
negotiations are in progress aimed at providing prompt, adequate, and 
effective compensation under the applicable principles of international 
law. 
SEC. 211. (a) The United States Go\;ernor of the Fund is authorized 22 USC 290g-9. 
and directed to cause the Executive Director representing the United 
States to vote against any loan, any extension of financial assistance, 
or any technical assistance to any country which engages in a con-
sistent pattern of gross violations of internationally recognized human 
rights, including torture or cruel, inhumane, or degrading treatment 
or punishment, prolonged detention without charges, or other flagrant 
denial of the right to life, liberty, and the security of person, and 
including providing refuge to individuals committing acts of inter-
national terrorism such as the hijacking of an aircraft, unless such 
assistance will directly benefit the needy people in such country. 
(b) In determining whether this standard is being met with regard 
to activities of the African Development Fund, the Committee on 
Foreign Kelations of the Senate or the House Committee on Inter-
national Relations, or the House Committee on Banking, Currency 
and Housing may require the United States Governor of the Bank 
to submit in writing information demonstrating that such loan or 
assistance will directly benefit those persons in such country to which 
such loan or assistance is supposed to be directed, together with a 
detailed explanation of the assistance to be provided (including the 
dollar amounts of such assistance) and an explanation of how such 
assistance will directly benefit such persons in such country. 
(c) In determining whether or not a country falls within the pro-
visions of subsection (a), the Senate Committee on Foreign Rela-
tions and the House Committee on International Relations and the 
House Committee on Banking, Currency and Housing shall give con-
sideration to the extent of cooperation of such country in permitting 
an unimpeded investigation of alleged violations of internationally 
recognized human rights by appropriate international organizations, 
including the International Committee of the Red Cross, or groups or 
persons acting under the authority of the United Nations or of the 
Organization of American States. 
90 STAT. 596 
PUBLIC LAW 94-302—MAY 31, 1976 
International 
cooperation and 
coordination. 
22 u s e 2101 
note. 
TITLE III—SWINE INFLUENZA 
SEC. 301. (a) The Congress finds and declares that— 
(1) the problems posed by swine influenza transcend national 
and political boundaries; 
(2) no one country, or even one portion of the world, can 
singularly undertake the search for a worldwide solution to the 
problems posed by swine influenza; 
(3) the global nature of swine influenza demands international 
cooperation and coordination in the investigation and planning 
for effective control of swine influenza; 
(4) the Public Health Service of the United States has invited 
the World Health Organization of the United Nations and its 
International Influenza Reference Centers to participate in the 
investigation and planning for the control of swine influenza; 
(5) special collaboration has already been established among 
the United States, the United Kingdom, and Canada for mutusQ 
participation in the investigation and planning for the control 
of swine influenza; 
(6) the United States Department of State and the Public 
Health Service of the United States have joint programs to pro-
vide information to foreign countries on the nature and eirtent 
of swine influenza and the methods necessary to control it; and 
(7) the technology of the United States for the surveillance of 
virus disease and vaccine production should be made available to 
foreign countries. 
(b) It is the sense of the Congress that the President should furnish 
assistance to foreign countries and international organizations for the 
investigation and planning for the control of swine influenza. 
Approved May 31, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-541 (Comm. on Banking, Currency and Housing) and No. 
94-1121 (Comm on Conference). 
SENATE REPORTS: No. 94-673 (Comm. on Foreign Relations) and No. 94-815 (Comm. 
of Conference). 
CONGRESSIONAL RECORD: 
Vol. 121 (1975): Dec. 8, 9, considered and passed House. 
Vol. 122 (1976): Mar. 18, 30, considered and passed Senate, amended. 
May 11, Senate agreed to conference report. 
May 20, House agreed to conference report.