Sec. 2126. ### (a) Contribution to the Asian Development Bank
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## SEC. 2126 ###
(a)Contribution to the Asian Development Bank In addition to amounts otherwise made available by this division, $106,586,000, to remain available until expended, is appropriated for payment to the Asian Development Bank by the Secretary of the Treasury for the United States share of the paid-in portion of the increase in capital stock. ###
(b)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 such capital stock in an amount not to exceed $2,558,048,769. ###
(c)Reporting on Reforms Funds shall not be made available for a United States contribution to the Asian Development Bank
(ADB)until the Secretary of the Treasury reports to the Committees on Appropriations that the ADB is making substantial progress toward the following policy goals— ####
(1)implementing procurement guidelines that maximize international competitive bidding in accordance with sound procurement practices, including transparency, competition, and cost-effective results for Borrowers; ####
(2)providing greater public disclosure of loan documents, with particular attention to persons affected by ADB projects; ####
(3)implementing best practices in domestic laws and international conventions against corruption for whistleblower and witness disclosures, and protections against retaliation for internal and lawful public disclosures by ADB employees and others affected by ADB operations who report illegality or other misconduct that could threaten the ADB’s mission, including best practices for legal burdens of proof; access to independent adjudicative bodies; and results that eliminate the effects of proven retaliation; ####
(4)ensuring that the Investigations Office, Auditor General Office, and Evaluation Office are functionally independent, free from interference when determining the scope of investigations and audits, performing work and communicating results, and regularly report to the ADB’s board of directors and, as appropriate and in a manner consistent with such functional independence of the Investigations Office and the Auditor General Office, to the ADB President; ####
(5)requiring that each candidate for adjustment or budget support loans provide an assessment of reforms to budgetary and procurement processes to encourage transparency, including budget publication and public scrutiny, prior to loan or grant approval; ####
(6)ensuring that the ADB’s Accountability Mechanism provides transparency and protects local residents affected by ADB projects; and ####
(7)making publicly available external and internal performance and financial audits of ADB projects on the ADB’s website. ###
(d)Report Dates Not later than 180 days after enactment of this Act, and every 6 months thereafter until September 30, 2013, the Secretary of the Treasury shall submit to the Committees on Appropriations a report detailing the extent to which the ADB has made progress on each policy goal listed in subsection (c). ###
(e)Amendment The Asian Development Bank Act (22 U.S.C. 285 et seq.), is amended by adding at the end the following: > > ## “SEC. 33 NINTH REPLENISHMENT > > **[**[22 U.S.C. 285dd](/us/usc/t22/s285dd)**]** > > > ### “(a) > > The United States Governor of the Bank is authorized to contribute, on behalf of the United States, $461,000,000 to the ninth replenishment of the resources of the Fund, 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, $461,000,000 for payment by the Secretary of the Treasury. > > > ## “SEC. 34 FIFTH CAPITAL INCREASE > > **[**[22 U.S.C. 285ee](/us/usc/t22/s285ee)**]** > > > ### “(a) Subscription Authorized > > > #### “(1) > > The United States Governor of the Bank may subscribe on behalf of the United States to 1,104,420 additional shares of the capital stock of the Bank. > > > #### “(2) > > Any subscription by the United States to 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) Authorization of Appropriations > > > #### “(1) > > 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, $13,323,173,083, for payment by the Secretary of the Treasury. > > > #### “(2) > > Of the amount authorized to be appropriated under paragraph (1)— > > > ##### “(A) > > $532,929,240 is authorized to be appropriated for paid-in shares of the Bank; and > > > ##### “(B) > > $12,790,243,843 is authorized to be appropriated for callable shares of the Bank, for payment by the Secretary of the Treasury.” > . # TITLE XII TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES
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