commitment to make such contributions shall be made 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, without fiscal year limitation, $2,250,000,000 for payment by the Secretary of the Treasury.23 SPECIAL FACILITY FOR SUB-SAHARAN AFRICA Sec. 19.24 (a) The Secretary of the Treasury shall pay to the Special Facility for Sub-Saharan Africa, administered by the Association, amounts appropriated pursuant to subsection (b). (b) For purposes of the United States contribution provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $225,000,000.25 23 Appropriations for U.S. payments authorized in sec. 18 have been provided in the following amounts and acts: Fiscal year 1985-$750 million (Public Law 98-473); fiscal year 1986-$700 million (Public Law 99-190). 2422 U.S.C. 284g and 284q note. Sec. 19 was added by sec. 101(j) of the Further Continuing Appropriations, 1986, Public Law 99-190; 99 Stat. 1294, which enacted sec. 102 of H.R. 2253. 25 Appropriations for fiscal year 1986 were $75,000,000 to remain available until expended. For partial text of H.R. 2253 containing Congressional findings regarding the Special Facility for Sub-Saharan Africa, see p. 657. 15. Multilateral Development Bank Act of 1985 Partial text of H.R. 2253, enacted into law by sec. 101(j) of the Further Continuing Appropriations, 1986 (Public Law 99-190; 99 Stat. 1294), approved December 19, 1985 NOTE.-Except for the provisions included below, H.R. 2253 contained amendments to the International Development Association Act, the African Development Fund Act, and the Bretton Woods Agreement Act. These are incorporated into the text at the appropriate places. TITLE I-SPECIAL FACILITY FOR SUB-SAHARAN AFRICA SEC. 101. FINDINGS. The Congress hereby finds that— (1) Sub-Saharan Africa faces a virtually unprecedented condition of human misery which threatens the lives of one hundred and fifty million people; (2) only the combined effort of both the African nations themselves and international aid donors can overcome the obstacles to economic development which have given rise to conditions of famine, declining food production, infant mortality, desertification, and deteriorating infrastructure; (3) international relief efforts have helped to address the immediate crisis of starvation in Africa and the United States has made important contributions to this effort both bilaterally and through contributions to the multilateral development institutions; (4) there is a serious shortfall in the external capital resources necessary to support the policy reform efforts of the African governments and to achieve the long-term development necessary to avert a chronic state of crisis in Sub-Saharan Africa; (5) the Special Facility for Sub-Saharan Africa will have as its primary goal the implementation of policy reforms to help the African countries to help themselves; (6) to succeed, these efforts must be reinforced by development resources; (7) the appalling conditions prevalent in the countries of SubSaharan Africa underscore the need for the United States to participate in a coordinated framework with the other aid donor countries; and (8) the Special Facility for Sub-Saharan Africa provides such a framework and it is in the humanitarian, economic, and strategic interests of the United States to participate. 16. Asian Development Bank, as amended Public Law 89–369 (H.R. 12563], 80 Stat. 71, approved March 16, 1966, as amended by Public Law 92-245 [S. 749], 86 Stat. 57, approved March 10, 1972, and by Public Law 93-189 [S. 1443], 87 Stat. 714 at 732, approved December 17, 1973 1; Public Law 93–537 (S. 2193], 88 Stat. 1735, approved December 22, 1974; Public Law 95-118 (H.R. 5262], 91 Stat. 1067 at 1068, approved October 3, 1977; Public Law 96-259 [S. 662], 94 Stat. 429 at 430, approved June 3, 1980; Public Law 96465 [H.R. 6790], 94 Stat. 2071 at 2160, approved October 17, 1980; Public Law 9735 [H.R. 3982], 95 Stat. 357 at 744, approved August 13, 1981; and by Public Law 98-181 [Supplemental Appropriations Act, 1984; [H.R. 3959], 97 Stat. 1153 at 1285, approved November 30, 1983 AN ACT To provide for the participation of the United States in the Asian Development Bank. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Asian Development Bank Act". ACCEPTANCE OF MEMBERSHIP Sec. 2.1 The President is hereby authorized to accept membership for the United States in the Asian Development Bank (hereinafter referred to as the "Bank") provided for by the agreement establishing the Bank (hereinafter referred to as the "agreement") deposited in the archives of the United Nations. Sec. 3.2 The President, by and with the advice and consent of the Senate, shall appoint a Governor of the Bank, an alternative for the Governor, and a Director of the Bank. (b) No person shall be entitled to receive any salary or other compensation from the United States for services as a Governor or Alternate Governor. The Director may, in the discretion of the President, receive such compensation, allowances, and other benefits as, together with those received by him from the Bank, will equal those authorized for a chief of mission under the Foreign Service Act of 1980.3 Sec. 4. (a) The policies and operations of the representatives of the United States on the Bank shall be coordinated with other United States policies in such manner as the President shall direct. (b) An annual report with respect to United States participation in the Bank shall be submitted to the Congress by such agency or officer as the President shall designate. Sec. 5.5 Unless the Congress by law authorizes such action, neither the President nor any person or agency shall, on behalf of the 122 U.S.C. 285. 222 U.S.C. 285a. * The reference to the chief of mission and to the Foreign Service Act of 1980 were inserted by sec. 2206(aX1) of Public Law 96-465 (94 Stat. 2160), effective Feb. 15, 1981. The references formerly pertained to the Chief of Mission, class 2, and to the Foreign Service Act of 1946, respectively. 22 U.S.C. 285b. 22 U.S.C. 285c. United States, (a) subscribe to additional shares of stock of the Bank; (b) vote for or agree to any amendment of the agreement which increases the obligations of the United States, or which would change the purpose of functions of the Bank; or (c) make a loan or provide other financing to the Bank, except that funds for technical assistance not to exceed $1,000,000 in any one year may be provided to the Bank by a United States agency created pursuant to an Act of Congress which is authorzied by law to provide funds to international organizations. DEPOSITORIES Sec. 6.6 Any Federal Reserve bank which is requested to do so by the Bank shall act as its depository or as its fiscal agent, 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. PAYMENT OF SUBSCRIPTIONS Sec. 7.7 (a) There is hereby authorized to be appropriated, without fiscal year limitation, for the purchase of twenty thousand shares of capital stock of the Bank, $200,000,000. (b) Any payment made to the United States by the Bank as a distribution of net income shall be covered into the Treasury as a miscellaneous receipt. JURISDICTION AND VENUE OF ACTIONS Sec. 8.8 For purpose of any civil action which may be brought within the United States, its territories or possessions, or the Commonwealth of Puerto Rico, by or against the Bank in accordance with the agreement, the Bank shall be deemed to be an inhabitant of the Federal judicial district in which its principal office or agency in the United States is located, and any such action to which the Bank shall be a 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 Bank is defendant in any action in a State court, it may, at any time before the trial thereof, remove such action into the direct court of the United States for the proper district by following the procedure for removal of causes otherwise provided by law. STATUS, IMMUNITIES, AND PRIVILEGES Sec. 9.9 The agreement, and particularly articles 49 through 56, 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, and the establishment of, the Bank. The President, at the time of deposit of the in 22 U.S.C. 285d. 7 22 U.S.C. 285e. 22 U.S.C. 285f. 22 U.S.C. 285g. |