§ 262m-7. — Assessment of environmental impact of proposed multilateral development bank actions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC262m-7]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 7--INTERNATIONAL BUREAUS, CONGRESSES, ETC.
Sec. 262m-7. Assessment of environmental impact of proposed
multilateral development bank actions
(a) Assessment required before favorable vote on action
(1) In general
Beginning 2 years after December 19, 1989, the Secretary of the
Treasury shall instruct the United States Executive Director of each
multilateral development bank not to vote in favor of any action
proposed to be taken by the respective bank which would have a
significant effect on the human environment, unless for at least 120
days before the date of the vote--
(A) an assessment analyzing the environmental impacts of the
proposed action and of alternatives to the proposed action has
been completed by the borrower or the institution, and been made
available to the board of directors of the institution; and
(B) except as provided in paragraph (2), such assessment or
a comprehensive summary of such assessment has been made
available to the multilateral development bank, affected groups,
and local nongovernmental organizations.
(2) Exceptions and reports
(A) Exceptions
The requirement of paragraph (1)(B) shall not apply where
the Secretary finds compelling reasons to believe that
disclosure in any case described in paragraph (1) would
jeopardize the confidential relationship between the borrower
and the respective bank.
(B) Reports by Secretary
The Secretary shall submit a quarterly report in writing to
the Committees specified in subsection (f)(1) of this section of
the findings described in subparagraph (A).
(b) Access to assessments in all member countries
The Secretary of the Treasury shall seek the adoption of policies
and procedures, through discussions and negotiations with the other
member countries of the multilateral development banks and with the
management of such banks, which result in access by governmental
agencies and interested members of the public of such member countries,
to environmental assessments or documentary information containing
comprehensive summaries of such assessments which discuss the
environmental impact of prospective projects and programs being
considered by such banks. Such assessments or summaries should be made
available to such governmental agencies and interested members of the
public at least 120 days before scheduled board action, and public
participation in review of the relevant environmental information should
be encouraged.
(c) Consideration of assessment
The Secretary of the Treasury shall--
(1) ensure that an environmental impact assessment or
comprehensive summary of such assessment described in subsection (a)
of this section accompanies loan proposals through the agency review
process; and
(2) take into consideration recommendations from all other
interested Federal agencies and interested members of the public.
(d) Development of procedures for systematic environmental assessment
The Secretary of the Treasury, in consultation with other Federal
agencies, including the Environmental Protection Agency, the Department
of State, and the Council on Environmental Quality, shall--
(1) instruct the United States Executive Director of each
multilateral development bank to initiate discussions with the other
executive directors of the respective bank and to propose that the
respective bank develop and make available to member governments of,
and borrowers from, the respective bank, within 18 months after
December 19, 1989, a procedure for the systematic environmental
assessment of development projects for which the respective bank
provides financial assistance, taking into consideration the
Guidelines and Principles for Environmental Impact Assessment
promulgated by the United Nations Environmental Programme and other
bilateral or multilateral assessment procedures; and
(2) in determining the position of the United States on any
action proposed to be taken by a multilateral development bank,
develop and prescribe procedures for the consideration of, among
other things--
(A) the environmental impact assessment of the action
described in subsection (a) of this section;
(B) interagency and public review of such assessment; and
(C) other environmental review and consultation of such
action that is required by other law.
(e) Use of United States personnel
The Secretary of the Treasury, in consultation with the Secretary of
State, the Secretary of the Interior, the Administrator of the
Environmental Protection Agency, the Chairman of the Council on
Environmental Quality, the Administrator of the Agency for International
Development, and the Administrator of the National Oceanic and
Atmospheric Administration, shall--
(1) make available to the multilateral development banks,
without charge, appropriate United States Government personnel to
assist in--
(A) training bank staff in environmental impact assessment
procedures;
(B) providing advice on environmental issues;
(C) preparing environmental studies for projects with
potentially significant environmental impacts; and
(D) preparing documents for public release, and developing
procedures to provide for the inclusion of interested
nongovernmental organizations in the environmental review
process; and
(2) encourage other member countries of such banks to provide
similar assistance.
(f) Reports
(1) In general
The Secretary of the Treasury shall submit to the Committees on
Foreign Relations and Environment and Public Works of the Senate and
the Committee on Banking, Finance and Urban Affairs of the House of
Representatives--
(A) not later than the end of the 1-year period beginning on
December 19, 1989, a progress report on the efficacy of efforts
by the United States to encourage consistent and timely
environmental impact assessment of actions proposed to be taken
by the multilateral development banks and on the progress made
by the multilateral development banks in developing and
instituting environmental assessment policies and procedures;
and
(B) not later than January 1, 1993, a detailed report on the
matters described in subparagraph (A).
(2) Availability of reports
The reports required by paragraph (1) shall be made available to
the member governments of, and the borrowers from, the multilateral
development banks, and to the public.
(g) ``Multilateral development bank'' defined
For purposes of this section, the term ``multilateral development
bank'' means any of the institutions named in section 262m-2(b) of this
title, and the International Finance Corporation.
(Pub. L. 95-118, title XIII, Sec. 1307, formerly Sec. 1308, as added and
renumbered Sec. 1307, Pub. L. 101-240, title V, Secs. 521, 541(f)(4),
Dec. 19, 1989, 103 Stat. 2511, 2519; amended Pub. L. 105-118, title V,
Sec. 560(b), Nov. 26, 1997, 111 Stat. 2426.)
Amendments
1997--Subsec. (a)(1)(A). Pub. L. 105-118, Sec. 560(b)(1),
substituted ``borrower'' for ``borrowing country''.
Subsec. (a)(2)(A). Pub. L. 105-118, Sec. 560(b)(2), struck out
``country'' after ``borrower''.
Subsec. (g). Pub. L. 105-118, Sec. 560(b)(3), added subsec. (g).
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. Committee on Banking and Financial Services of House of
Representatives abolished and replaced by Committee on Financial
Services of House of Representatives, and jurisdiction over matters
relating to securities and exchanges and insurance generally transferred
from Committee on Energy and Commerce of House of Representatives by
House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.
