Title 22Foreign Relations and IntercourseRelease 119-73

§262m–2 Environmental impact of assistance proposals

Title 22 › Chapter CHAPTER 7— - INTERNATIONAL BUREAUS, CONGRESSES, ETC. › § 262m–2

Last updated Apr 6, 2026|Official source

Summary

Make sure U.S. agencies and embassies check the environmental effects of loans from multilateral development banks before those loans are approved. The Administrator of the Agency for International Development, working with the Secretaries of the Treasury and State, must have reviews look at whether projects are economically sound, and whether they could harm the environment, natural resources, public health, or indigenous peoples. Reviews should recommend steps or alternatives to avoid or reduce harm. If a loan might cause major damage, the Administrator must order a formal investigation with other federal agencies and share the findings with the public unless the information is classified. The Secretary of the Treasury must tell U.S. Executive Directors at those banks to ask for more time to review proposals and to push bank managers to improve and require public consultation on projects and policies with big environmental or social effects. Treasury must report progress to Congress each year. Using the review information, USAID, Treasury, and State must send lists of proposals likely to cause harm to the named Congressional committees by June 30 and December 31 each year after December 22, 1987. Treasury must also send related reports to the U.S. Executive Director at the bank with instructions to try to eliminate or reduce harms.

Full Legal Text

Title 22, §262m–2

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)In the course of reviewing assistance proposals of the multilateral development banks, the Administrator of the Agency for International Development, in consultation with the Secretary of the Treasury and the Secretary of State, shall ensure that other agencies and appropriate United States embassies and overseas missions of the Agency for International Development are instructed to analyze, where feasible, the environmental impacts of multilateral development loans well in advance of such loans’ approval by the relevant institutions to determine whether the proposals will contribute to the sustainable development of the borrowing country.
(2)To the extent possible, such reviews shall address the economic viability of the project, adverse impacts on the environment, natural resources, public health, and indigenous peoples, and recommendations as to measures, including alternatives, that could eliminate or mitigate adverse impacts.
(3)If there is reason to believe that any such loan is particularly likely to have substantial adverse impacts, the Administrator of the Agency for International Development, in consultation with the Secretary of the Treasury and the Secretary of State, shall ensure that an affirmative investigation of such impacts is undertaken in consultation with relevant Federal agencies. If not classified under the national security system of classification, the information collected pursuant to this paragraph shall be made available to the public.
(b)(1)The Secretary of the Treasury shall instruct the Executive Directors representing the United States at the multilateral development banks as defined in section 262m–7(g) of this title to urge the management and other directors of each such bank, to provide sufficient time between the circulation of assistance proposals and bank action on those proposals, in order to permit their evaluation by major shareholder governments.
(2)The Secretary of the Treasury shall instruct such Executive Directors to work with other countries’ Executive Directors and multilateral development bank management to—
(A)improve the procedures of each multilateral development bank for providing its board of directors with a complete and accurate record regarding public consultation before they vote on proposed projects with significant environmental implications; and
(B)revise bank procedures to consistently require public consultation on operational policy proposals or revisions that have significant environmental or social implications.
(3)Progress under this subsection shall be incorporated into Treasury’s required annual report to Congress on the environmental performance of the multilateral development banks.
(c)Based on the information obtained during the evaluation referred to in subsection (a) and other available information, the Administrator of the Agency for International Development, in consultation with the Secretary of the Treasury and the Secretary of State, shall identify those assistance proposals likely to have adverse impacts on the environment, natural resources, public health, or indigenous peoples. The proposals so identified shall be transmitted to the Committee on Appropriations and the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Appropriations and the Committee on Foreign Relations of the Senate, not later than June 30 and December 31 of each year following December 22, 1987.
(d)The Secretary of the Treasury shall forward reports concerning information received under subsection (a) to the Executive Director representing the United States in the appropriate bank with instructions to seek to eliminate or mitigate adverse impacts which may result from the proposal.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification section 1303 of Pub. L. 95–118 is based on section 701 of title VII of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.

Amendments

2004—Subsec. (b). Pub. L. 108–447, § 593(b), designated existing provisions as par. (1) and added pars. (2) and (3). Subsec. (b)(1). Pub. L. 108–447, § 593(b)(1), which directed amendment of par. (1) by substituting “multilateral development banks as defined in section 262m–7(g) of this title” for “International Bank for Re

Construction

and Development, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank”, was executed by making substitution for “International Bank for Re

Construction

and Development, the Inter-American Development Bank, the Asian Development Bank, and the African Development Bank”, to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

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.

Reference

Citations & Metadata

Citation

22 U.S.C. § 262m–2

Title 22Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73