SEC. 23.26 (a) The United States Governor of the Bank is hereby authorized to contribute on behalf of the United States $180,000,000 to the Asian Development Fund, a special fund of the Bank: Provided, however, That any commitment to make such contribution shall be made subject to obtaining the necessary appropriations.

(b) In order to pay for the United States contribution to the Asian Development Fund provided for in this section, there are hereby authorized to be appropriated without fiscal year limitation $180,000,000 for payment by the Secretary of the Treasury: Provided, however, That not more than $14,116,177 may be made available for such contribution for the fiscal year 1982.27

SEC. 24.28 (a) The United States Governor of the Bank is authorized to contribute on behalf of the United States $378,250,000 to the Asian Development Fund, a special fund of the Bank, except that any commitment to make such contribution shall be made subject to obtaining the necessary appropriations.

(b) In order to pay for the United States contribution to the Asian Development Fund provided for in this section, there are authorized to be appropriated, without fiscal year limitation, $378,250,000 for payment by the Secretary of the Treasury: Provided, however, That not more than $111,250,000 of such sum may be made available for the fiscal year 1982, and not more than $44,500,000 of such sum may be made available for the fiscal year 1983.29

(c) For the purpose of keeping to a minimum the cost to the United States, the Secretary of the Treasury—

(1) shall pay the United States contribution to the Asian Development Fund authorized by this section by letter of credit in four annual installments; and

(2) shall take the steps necessary to obtain a certification from the Bank that any undisbursed balances resulting from draw-downs on such letter of credit will not exceed at any time the United States share of expected disbursement requirements for the following three-month period.

SEC. 25.30 It is the sense of the Congress that it is the policy of the United States that Taiwan (before January 1, 1979, known as the Republic of China) 31 shall be permitted to retain membership

26 22 U.S.C. 285t. Sec. 23 was added by sec. 501 of Public Law 95-118 (91 Stat. 1068). 27 The proviso clause was added by sec. 1352(c) of Public Law 97-35 (95 Stat. 745). Appropriations for U.S. payments authorized in sec. 23 have been provided in the following amounts and Public Laws: fiscal year 1978 $49.5 million (Public Law 95-148); fiscal year 1979$70.5 million (Public Law 95-481); fiscal year 1980 $0; fiscal year 1981-$3.5 million (Public Law 96-536); fiscal year 1982-$7.8 million (Public Law 97-121); fiscal year 1983 $20.4 million (Public Law 97-377); fiscal year 1984 $0; fiscal year 1985 $28.2 million (Public Law 98-473). 28 22 U.S.C. 285u. Sec. 24 was added by sec. 201 of Public Law 96-259 (94 Stat. 430). 29 The proviso clause was added by sec. 1352(b) of Public Law 97-35 (95 Stat. 744). Appropriations for U.S. payments authorized in sec. 24 have been provided in the following amounts and Public Laws: fiscal year 1980-$111.3 million (Public Law 96-123); fiscal year 1981-$111.3 million (Public Law 96-536); fiscal year 1982-$108.3 million (Public Law 97-121) fiscal year 1983 $44.5 million (Public Law 97-377); fiscal year 1984-$3 million (Public Law 98151).

30 22 U.S.C. 285v. Sec. 25 was added by sec. 501 of Public Law 95-118 (91 Stat. 1068).

31 Sec. 550 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Public Law 102-391; 106 Stat. 1673) provided the following regarding Taiwan's designation:

Continued

in the Asian Development Bank and that the United States Executive Director of the Bank shall notify the Bank that a serious review of future United States participation, including any future payments to the Asian Development Fund, would ensure if Taiwan were expelled from the Bank.

SEC. 26.32 (a) The United States Governor of the Bank is authorized to contribute on behalf of the United States $66,750,000 to the Asian Development Fund, a special fund of the Bank: Provided, however, That any commitment to make such contribution shall be made subject to obtaining the necessary appropriations.

(b) In order to pay for the United States contribution to the Asian Development Fund provided for in this section, there is authorized to be appropriated, without fiscal year limitation, $66,750,000 for payment by the Secretary of the Treasury: Provid ed, however, That no funds may be made available for such contribution for the fiscal year 1982.33

SEC. 27.34 (a)(1) The United States Governor of the Bank is authorized to subscribe on behalf of the United States to one hundred twenty-three thousand three hundred and seventy-five additional shares of the capital stock of the Bank.

(2) Any subscription to the capital stock of the Bank shall be effective only to such extent or in such amounts as are provided in advance in appropriation Acts.35

(b) In order to pay for the increase in the United States subscription to the Bank provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $1,322,999,476 for payment by the Secretary of the Treasury.

(c) The Congress hereby finds that

(A) the Republic of China (Taiwan) is a charter member in good standing of the Asian Development Bank;

(B) the Republic of China has grown from a borrower to a lender in the Asian Development Bank; and

(C) the Republic of China provides, through its economic success, a model for other nations in Asia.

(2) It is the sense of the Congress that

(A) Taiwan, Republic of China, should remain a full member of the Asian Development Bank, and that its status within

"MEMBERSHIP DESIGNATION IN ASIAN DEVELOPMENT BANK

"Sec. 550. It is the sense of the Congress that the United States Government should use its influence in the Asian Development Bank to secure reconsideration of that institution's decision to designate Taiwan (the Republic of China) as "Taipei, China'. It is further the sense of the Congress that the Asian Development Bank should resolve this dispute in a fashion that is acceptable to Taiwan (the Republic of China).".

This language was first enacted as sec. 566 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988.

32 22 U.S.Č. 285w. Sec. 26 was added by sec. 1352(a) of Public Law 97-35 (95 Stat. 744).

33 Sec. 101(b)(1) of the Further Continuing Appropriations Act, 1983, (Public Law 97-377) provided $66.75 million during fiscal year 1983 for this authorization.

34 22 U.S.C. 285x. Sec. 27 was added by sec. 1002 of Public Law 98-181 (97 Stat. 1285).

35 Appropriations for U.S. payments authorized in sec. 27 have been provided in the following amounts and Public Laws: fiscal year 1984 $264.6 million ($13.2 million paid-in capital; $251.4 million callable capital) (Public Law 98-151); fiscal year 1985 $264.6 million ($13.2 million paidin capital; $251.4 million callable capital) (Public Law 98-473); fiscal year 1986 $238.1 million ($11.9 million paid-in capital; $226.2 million callable capital) (Public Law 99-190), reduced by $0.5 million as a result of sequestration (Public Law 99-177); fiscal year 1987 $264.6 million ($13.2 million paid-in capital; $251.4 million callable capital) (Public Law 99-591); fiscal year 1988 $291.6 million ($15.1 million paid-in capital; $276.5 million callable capital) (Public Law 100-202).

that body should remain unaltered no matter how the issue of the People's Republic of China's application for membership is disposed of;

(B) the President and the Secretary of State should express support of Taiwan, Republic of China, making it clear that the United States will not countenance attempts to expel Taiwan, Republic of China, from the Asian Development Bank; and

(C) the Secretary of the Senate and Clerk of the House shall transmit a copy of this resolution to the President with the request that he transmit such copy to the Board of Governors of the Asian Development Bank.

SEC. 28.36 (a)(1) The United States Governor of the Bank is authorized to contribute on behalf of the United States $520,000,000 to the Asian Development Fund, a special fund of the Bank.

(2) Any commitment to make the contribution authorized in paragraph (1) shall be made subject to obtaining the necessary appropriations.

(b) In order to pay for the United States contribution to the Asian Development Fund provided for in this section, there are authorized to be appropriated, without fiscal year limitation, $520,000,000 for payment by the Secretary of the Treasury.37

SEC. 29.38 (a) The United States Governor of the Bank is authorized to contribute on behalf of the United States $584,280,000 to the Asian Development Fund, a special fund of the Bank, except that any 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, $584,280,000 for payment by the Secretary of the Treasury.39

SEC. 30.4° CAPITAL INCREASE.

(a) SUBSCRIPTION AUTHORIZED. (1) The United States Governor of the Bank may subscribe on behalf of the United States to 35,230

36 22 U.S.C. 285y. Sec. 28 was added by sec. 1002 of Public Law 98-181 (97 Stat. 1286). 37 Appropriations for U.S. payments authorized in sec. 28 for the Third Replenishment (ADF IV), have been provided in the following amounts and Public Laws: fiscal year 1984-$97 million (Public Law 98-151); fiscal year 1985 $100.0 million (Public Law 98-473); fiscal year 1985 supplemental-$63 million (Public Law 99-88); fiscal year 1986 $100 million (Public Law 99-190), reduced by $4.3 million in sequestration (Public Law 99-177); fiscal year 1987-$91.4 million (Public Law 99-591); fiscal year 1988 $28 million (Public Law 100-202); fiscal year 1989 $44.8 million (Public Law 100-461).

38 22 U.S.C. 285z. Sec. 29, authorizing a Fourth ADF Replenishment (ADF V), was added by sec. 201 of H.R. 3750, as reported by the House Committee on Banking, Finance and Urban Affairs, on December 11, 1987, and enacted into law by reference in Title I of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (sec. 101(e) of the Continuing Appropriations, 1988, Public Law 100-202; 101 Stat. 1329 at 1329-134).

39 Appropriations for U.S. payments authorized in sec. 29 have been provided in the following amounts and Public Laws: fiscal year 1989 $107.5 million (Public Law 100-461); fiscal year 1990 $177.2 million (Public Law 101-167), reduced by $2.2 million in sequestration (Public Law 101-239); fiscal year 1991-$126.9 million (Public Law 101-513), reduced by $2.4 million in se questration (Public Law 101-508), $2.4 million restored (Public Law 102-27), fiscal year 1992$124.9 million (Public Law 102-145, as amended by Public Law 102-266); fiscal year 1993-$62.5 million (Public Law 102-391).

The fiscal year 1993 appropriations further required: "That prior to obligating any of the funds appropriated under this heading for the Asian Development Fund, the Secretary of the Treasury shall submit a certification to the Committee on Appropriations that none of such funds will be made available for China.".

40 22 U.S.C. 285aa. Sec. 30 was added by sec. 125(b) of the Further Continuing Appropriations, Fiscal Year 1992 (Public Law 102-145, as amended by Public Law 102-266; 106 Stat. 97).

additional shares of the capital stock of the Bank. (2) Any subscription by the United States to the capital stock of the Bank shall be effective only to such extent or in such amounts as are provided in advance in appropriations Acts.

(b) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.-In order to pay for the increase in the United States subscription to the Bank provided for in subsection (a), there are authorized to be appropriated, without fiscal year limitation, $213,000,000 for payment by the Secretary of the Treasury.11

41 No funds were appropriated in fiscal year 1992. Title I of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1993 (Public Law 102-391; 106 Stat. 1635) provided the following appropriation and authorization:

"CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

"For payment to the Asian Development Bank by the Secretary of the Treasury, for the paidin share portion of the United States share of the increase in capital stock, $25,514,303, to remain available until expended: Provided, That before obligating funds made available under this heading, the President shall reduce from the amount obligated, proportionately in paid-in capital and callable capital, the United States proportionate share of any loans approved by the Board of Directors for China for non-basic human needs since October 1, 1992, if China is denied most-favored-nation trading status by the United States Government: Provided further, That for payment to the Asian Development Bank by the Secretary of the Treasury, for the paid-in share portion of the United States share of the increase in capital stock, $12,500,000, to remain available until expended: Provided further, That in order to pay for the increase in the United States subscription to the Bank provided for in section 30 of the Asian Development Bank Act, there are authorized to be appropriated, without fiscal year limitation, an additional $212,000,000 for payment by the Secretary of the Treasury.

"CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

"For the United States contribution by the Secretary of the Treasury to the increases in resources of the Asian Development Fund, as authorized by the Asian Development Bank Act, as amended (Public Law 89-369), $62,500,000, to remain available until expended: Provided, That prior to obligating any of the funds appropriated under this heading for the Asian Development Fund, the Secretary of the Treasury shall submit a certification to the Committees on Appropriations that none of such funds will be made available for China.

"LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

"The United States Governor of the Asian Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of increases in the capital stock in an amount not to exceed $278,518,000.".

(4) African Development Bank Act

Partial text of Public Law 97-35 [H.R. 3982], 95 Stat. 357 at 741, approved August 13, 1981, as amended by Public Law 100-202 [Continuing Appropriations, 1988; H.J. Res. 395], 101 Stat. 1329, approved December 22, 1987; Public Law 101-240 [International Development and Finance Act of 1989; H.R. 2494], 103 Stat. 2492, approved December 19, 1989; and by Public Law 101(513 [Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1991; H.R. 5114], 104 Stat. 1979, approved November 5, 1990

AN ACT To provide for reconciliation pursuant to section 301 of the first concurrent resolution on the budget for the fiscal year 1982.

TITLE XIII-INTERNATIONAL AFFAIRS

SUBTITLE B-INTERNATIONAL DEVELOPMENT BANKS

PART 3—AFRICAN DEVELOPMENT BANK

SHORT TITLE

SEC. 1331. This part may be cited as the "African Development Bank Act".

ACCEPTANCE OF MEMBERSHIP

SEC. 1332.1 The President is hereby authorized to accept membership for the United States in the African Development Bank (hereinafter in this part referred to as the "Bank") provided for by the agreement establishing the Bank (hereinafter in this part referred to as the "agreement") deposited in the archives of the United Nations.

GOVERNOR AND ALTERNATE GOVERNOR

SEC. 1333.2 (a) The President, by and with the advice and consent of the Senate, shall appoint a Governor, an Alternate Governor, and a Director 3 of the Bank. 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

122 U.S.C. 290i.

222 U.S.C. 290i-1.

Sec. 562(b)(3) of Public Law 101-513 (104 Stat. 2034) struck out "Governor and an Alternate Governor" and inserted in lieu thereof "Governor, an Alternate Governor, and a Director".