Title 22Foreign Relations and IntercourseRelease 119-73

§5331 International initiative

Title 22 › Chapter CHAPTER 62— - INTERNATIONAL FINANCIAL POLICY › Subchapter SUBCHAPTER II— - INTERNATIONAL DEBT › Part Part B— - International Debt Management Authority › § 5331

Last updated Apr 6, 2026|Official source

Summary

The Secretary of the Treasury must study whether it makes sense to set up an International Debt Management Authority and, unless the Secretary finds that talking about it would make sovereign debt markets worse in specific ways, must begin talks with chosen industrialized and developing countries to try to create it. The proposed authority would buy poorer countries’ government debt from private lenders at a discount, negotiate debt restructurings to ease repayment burdens and help economic growth, and help banks sell or manage their loans to developing countries. If the Secretary decides starting talks would materially raise the discount on sovereign debt, increase the chance of default, or make debt-service problems more likely, the Secretary must explain why in interim reports to Congress. In those talks, the Secretary should propose that any debt relief require debtors to promise better economic policies, steps to stop capital flight, and a plan for steady growth so they can meet new debt terms. Support should come from industrialized countries, with more expected from those running strong current account surpluses. The authority should work closely with the IMF, the World Bank, and regional development banks, be designed to fund itself without regular government appropriations and follow applicable legal limits, and have a set end date plus a plan to restore debtor countries’ creditworthiness within that time. The Secretary must report progress at the end of the 6-month and 12-month periods beginning August 23, 1988, to the House Committee on Banking, Finance and Urban Affairs and to the Senate Committees on Banking, Housing, and Urban Affairs and on Foreign Relations, consult with those committees after each report, and send a final detailed report and any legislative recommendations to the same committees when the study or talks end.

Full Legal Text

Title 22, §5331

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)The Secretary of the Treasury shall study the feasibility and advisability of establishing the International Debt Management Authority described in this section.
(2)If the Secretary of the Treasury determines that initiation of international discussions with regard to such authority would (A) result in material increase in the discount at which sovereign debt is sold, (B) materially increase the probability of default on such debt, or (C) materially enhance the likelihood of debt service failure or disruption, the Secretary shall include in his interim reports to the Congress an explanation in detail of the reasons for such determination.
(3)Unless such a determination is made, the Secretary of the Treasury shall initiate discussions with such industrialized and developing countries as the Secretary may determine to be appropriate with the intent to negotiate the establishment of the International Debt Management Authority, which would undertake to—
(A)purchase sovereign debt of less developed countries from private creditors at an appropriate discount;
(B)enter into negotiations with the debtor countries for the purpose of restructuring the debt in order to—
(i)ease the current debt service burden on the debtor countries; and
(ii)provide additional opportunities for economic growth in both debtor and industrialized countries; and
(C)assist the creditor banks in the voluntary disposition of their Third World loan portfolio.
(b)In any discussions initiated under subsection (a), the Secretary should include the following specific proposals:
(1)That any loan restructuring assistance provided by such an authority to any debtor nation should involve substantial commitments by the debtor to (A) economic policies designed to improve resource utilization and minimize capital flight, and (B) preparation of an economic management plan calculated to provide sustained economic growth and to allow the debtor to meet its restructured debt obligations.
(2)That support for such an authority should come from industrialized countries, and that greater support should be expected from countries with strong current account surpluses.
(3)That such an authority should have a clearly defined close working relationship with the International Monetary Fund and the International Bank for Reconstruction and Development and the various regional development banks.
(4)That such an authority should be designed to operate as a self-supporting entity, requiring no routine appropriation of resources from any member government, and to function subject to the prohibitions contained in the first sentence of section 5332(a) of this title.
(5)That such an authority should have a defined termination date and a clear proposal for the restoration of creditworthiness to debtor countries within this timeframe.
(c)At the end of the 6-month period beginning on August 23, 1988, and at the end of the 12-month period beginning on August 23, 1988, the Secretary of the Treasury shall submit a report on the progress being made on the study or in discussions described in subsection (a) to the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate, and shall consult with such committees after submitting each such report.
(d)On the conclusion of the study or of discussions described in subsection (a), the Secretary shall transmit a report containing a detailed description thereof to the Committee on Banking, Finance and Urban Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate, together with such recommendations for legislation which the Secretary may determine to be necessary or appropriate for the establishment of the International Debt Management Authority.

Legislative History

Notes & Related Subsidiaries

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. § 5331

Title 22Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73