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22 U.S.C. § 9601 — Definitions

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22 U.S.C. § 9601 — Definitions

§ 9601. Definitions In this chapter: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means— Page 2271 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9611 (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) Less developed country The term ‘‘less developed country’’ means a country with a low-income economy, lower- middle-income economy, or upper-middle-in- come economy, as defined by the International Bank for Reconstruction and Development and the International Development Association (collectively referred to as the ‘‘World Bank’’). (3) Predecessor authority The term ‘‘predecessor authority’’ means au- thorities repealed by subchapter VI of this chapter. (4) Qualifying sovereign entity The term ‘‘qualifying sovereign entity’’ means— (A) any agency or instrumentality of a for- eign state (as defined in section 1603 of title 28) that has a purpose that is similar to the purpose of the Corporation as described in section 9612(b) of this title; or (B) any international financial institution (as defined in section 262r(c) of this title). (Pub. L. 115–254, div. F, § 1402, Oct. 5, 2018, 132 Stat. 3485.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this division’’, meaning division F of Pub. L. 115–254, Oct. 5, 2018, 132 Stat. 3485, which is classified prin- cipally to this chapter. For complete classification of division F to the Code, see Short Title note set out below and Tables. Subchapter VI of this chapter, referred to in par. (3), was in the original ‘‘title VI’’, meaning title VI (§§ 1461–1470)

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Page 2270 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9564 oped country’’ have the meanings given those terms in section 9601 of this title. (Pub. L. 116–94, div. P, title XX, § 2004, Dec. 20, 2019, 133 Stat. 3223.) Editorial Notes REFERENCES IN TEXT The BUILD Act, referred to in subsec. (e), probably means the BUILD Act of 2018, also known as the Better Utilization of Investments Leading to Development Act of 2018, which is classified principally to chapter 103 (§ 9601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables. CODIFICATION Section was enacted as part of the European Energy Security and Diversification Act of 2019, and also as part of the Further Consolidated Appropriations Act, 2020, and not as part of the Countering Russian Influ- ence in Europe and Eurasia Act of 2017 which comprises this chapter. Section is comprised of section 2004 of Pub. L. 116–94. Subsec. (d) of section 2004 of Pub. L. 116–94 amended sections 2421 and 9543 of this title. Executive Documents DELEGATION OF AUTHORITY UNDER THE EUROPEAN ENERGY SECURITY AND DIVERSIFICATION ACT OF 2019 Memorandum of President of the United States, June 8, 2022, 87 F.R. 35853, provided: Memorandum for the Secretary of State By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of State the functions and authorities vested in the President by section 2004(e)(1)(C) of the European Energy Security and Diversification Act of 2019 (22 U.S.C. 9563(e)(1)(C)) (the ‘‘Act’’). The delegation in this memorandum shall apply to any provision of any future public law that is the same or substantially the same as the provision ref- erenced in this memorandum. Any reference in this memorandum to the Act shall be deemed to be a ref- erence to such Act as amended from time to time. You are authorized and directed to publish this memorandum in the Federal Register. J.R. BIDEN, JR. § 9564. Progress reports Not later than one year after December 20, 2019, and annually thereafter, the President shall submit to the Committee on Foreign Rela- tions of the Senate and the Committee on For- eign Affairs of the House of Representatives a report on progress made in providing assistance for projects under section 9563 of this title that includes— (1) a description of the energy infrastructure projects the United States has identified for such assistance; and (2) for each such project— (A) a description of the role of the United States in the project, including in early- stage project support and late-stage project support; (B) the amount and form of any debt fi- nancing and insurance provided by the United States Government for the project; (C) the amount and form of any early- stage project support; and (D) an update on the progress made on the project as of the date of the report. (Pub. L. 116–94, div. P, title XX, § 2005, Dec. 20, 2019, 133 Stat. 3226.) Editorial Notes CODIFICATION Section was enacted as part of the European Energy Security and Diversification Act of 2019, and also as part of the Further Consolidated Appropriations Act, 2020, and not as part of the Countering Russian Influ- ence in Europe and Eurasia Act of 2017 which comprises this chapter. CHAPTER 103—BETTER UTILIZATION OF INVESTMENTS LEADING TO DEVELOPMENT Sec. 9601. Definitions. SUBCHAPTER I—ESTABLISHMENT 9611. Statement of policy. 9612. United States International Development Fi- nance Corporation. 9613. Management of Corporation. 9614. Independent accountability mechanism. SUBCHAPTER II—AUTHORITIES 9621. Authorities relating to provision of support. 9622. Terms and conditions. 9623. Payment of losses. 9624. Termination. SUBCHAPTER III—ADMINISTRATIVE AND GENERAL PROVISIONS 9631. Operations. 9632. Corporate powers. 9633. Maximum contingent liability. 9634. Corporate funds. 9635. Coordination with other development agen- cies. SUBCHAPTER IV—MONITORING, EVALUATION, AND REPORTING 9651. Establishment of risk and audit committees. 9652. Performance measures, evaluation, and learn- ing. 9653. Annual report. 9654. Publicly available project information. 9655. Engagement with investors. 9656. Notifications to be provided by the Corpora- tion. SUBCHAPTER V—CONDITIONS, RESTRICTIONS, AND PROHIBITIONS 9671. Limitations and preferences. 9672. Additionality and avoidance of market dis- tortion. 9673. Prohibition on support in countries that sup- port terrorism or violate human rights and with sanctioned persons. 9674. Applicability of certain provisions of law. SUBCHAPTER VI—TRANSITIONAL PROVISIONS 9681. Definitions. 9682. Reorganization plan. 9683. Transfer of functions. 9684. Termination of Overseas Private Investment Corporation and other superceded authori- ties. 9685. Transitional authorities. 9686. Savings provisions. 9687. Other terminations. 9688. Incidental transfers. 9689. Reference. § 9601. Definitions In this chapter: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means— Page 2271 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9611 (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives. (2) Less developed country The term ‘‘less developed country’’ means a country with a low-income economy, lower- middle-income economy, or upper-middle-in- come economy, as defined by the International Bank for Reconstruction and Development and the International Development Association (collectively referred to as the ‘‘World Bank’’). (3) Predecessor authority The term ‘‘predecessor authority’’ means au- thorities repealed by subchapter VI of this chapter. (4) Qualifying sovereign entity The term ‘‘qualifying sovereign entity’’ means— (A) any agency or instrumentality of a for- eign state (as defined in section 1603 of title 28) that has a purpose that is similar to the purpose of the Corporation as described in section 9612(b) of this title; or (B) any international financial institution (as defined in section 262r(c) of this title). (Pub. L. 115–254, div. F, § 1402, Oct. 5, 2018, 132 Stat. 3485.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this division’’, meaning division F of Pub. L. 115–254, Oct. 5, 2018, 132 Stat. 3485, which is classified prin- cipally to this chapter. For complete classification of division F to the Code, see Short Title note set out below and Tables. Subchapter VI of this chapter, referred to in par. (3), was in the original ‘‘title VI’’, meaning title VI (§§ 1461–1470) of div. F of Pub. L. 115–254, Oct. 5, 2018, 132 Stat. 3510, which is classified principally to subchapter VI of this chapter and which repealed title IV of chap- ter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.), other than subsections (g), (l), (m), and (n) of section 237 thereof (22 U.S.C. 2197(g), (l), (m), (n)), among other amendments. For complete classi- fication of title VI to the Code, see Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 115–254, div. F, § 1401, Oct. 5, 2018, 132 Stat. 3485, provided that: ‘‘This division [enacting this chap- ter, amending sections 2151n, 2197, 2291, 2296b, 5401, 5421, 6062, 6445, 7102, 7902, 8926, 9303, and 9546 of this title, sec- tion 905 of Title 2, The Congress, sections 5313 to 5316 of Title 5, Government Organization and Employees, sec- tion 8G of Pub. L. 95–452, set out in the Appendix to Title 5, sections 649, 4721, 4727, and 4902 of Title 15, Com- merce and Trade, section 709 of Title 18, Crimes and Criminal Procedure, section 4421 of Title 19, Customs Duties, section 1131c of Title 20, Education, section 9101 of Title 31, Money and Finance, and sections 17334 and 17336 of Title 42, The Public Health and Welfare, repeal- ing subpart iv of part II of subchapter I of chapter 32 of this title, except for section 2197 of this title, enacting provisions set out as a note under section 905 of Title 2, amending provisions set out as notes under sections 2293 and 2394c of this title] may be cited as the ‘Better Utilization of Investments Leading to Development Act of 2018’ or the ‘BUILD Act of 2018’.’’ SUBCHAPTER I—ESTABLISHMENT § 9611. Statement of policy It is the policy of the United States to facili- tate market-based private sector development and inclusive economic growth in less developed countries through the provision of credit, cap- ital, and other financial support— (1) to mobilize private capital in support of sustainable, broad-based economic growth, poverty reduction, and development through demand-driven partnerships with the private sector that further the foreign policy interests of the United States; (2) to finance development that builds and strengthens civic institutions, promotes com- petition, and provides for public account- ability and transparency; (3) to help private sector actors overcome identifiable market gaps and inefficiencies without distorting markets; (4) to achieve clearly defined economic and social development outcomes; (5) to coordinate with institutions with pur- poses similar to the purposes of the Corpora- tion to leverage resources of those institutions to produce the greatest impact; (6) to provide countries a robust alternative to state-directed investments by authoritarian governments and United States strategic com- petitors using best practices with respect to transparency and environmental and social safeguards, and which take into account the debt sustainability of partner countries; (7) to leverage private sector capabilities and innovative development tools to help countries transition from recipients of bilat- eral development assistance toward increased self-reliance; and (8) to complement and be guided by overall United States foreign policy, development, and national security objectives, taking into account the priorities and needs of countries receiving support. (Pub. L. 115–254, div. F, title I, § 1411, Oct. 5, 2018, 132 Stat. 3486.) Statutory Notes and Related Subsidiaries ENHANCEMENT OF NONGOVERNMENTAL SECTOR IN POLAND AND HUNGARY Pub. L. 101–179, title III, § 302(b), Nov. 28, 1989, 103 Stat. 1311, provided that: ‘‘In accordance with its man- date to foster private initiative and competition and enhance the ability of private enterprise to make its full contribution to the development process, the Over- seas Private Investment Corporation shall support projects in Poland and Hungary which will result in en- hancement of the nongovernmental sector and reduc- tion of state involvement in the economy.’’ [For transfer of functions, personnel, assets, and li- abilities of the Overseas Private Investment Corpora- tion to the United States International Development Finance Corporation and treatment of related ref- erences, see sections 9683 and 9686(d) of this title.] Pub. L. 101–179, title III, § 302(c), Nov. 28, 1989, 103 Stat. 1311, provided that: ‘‘If the Foreign Operations, Export Financing, and Related Programs Appropria- tions Act, 1990 [Pub. L. 101–167], contains the same amendment that is made by subsection (a) of this sec-

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2191 — Untitled legal text

Page 678 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE §§ 2191 to 2194 2 So in original. Probably should be ‘‘issued’’. the event the borrower elects not to finance such costs or fees out of loan principal. Guaran- tees once issued hereunder shall be uncondi- tional and fully and freely transferable. (m) Terms and conditions (1) Each loan guarantee issued under this sec- tion shall guarantee 100 percent of the principal and interest payable on such loans. (2) The standard terms of any loan or incre- ment guaranteed under this section shall be 30 years with semiannual payments of interest only over the first 10 years, and with semiannual payments of principal and interest on a level payment basis, over the last 20 years thereof, ex- cept that the guaranteed loan or any increments issued in a single transaction may include obli- gations having different maturities, interest rates, and payment terms if the aggregate scheduled debt service for all obligations issued in a single transaction equals the debt service for a single loan or increment of like amount having the standard terms described in this sen- tence. The guarantor shall not have the right to accelerate any guaranteed loan or increment or to pay any amounts in respect of the guarantees issued other than in accordance with the origi- nal payment terms of the loan. For purposes of determining the maximum principal amount of any loan or increment to be guaranteed under this section, the principal amount of each such loan or increment shall be— (A) in the case of any loan issued on a dis- count basis, the original issue price (excluding any transaction costs) thereof; or (B) in the case of any loan issue 2 on an in- terest-bearing basis, the stated principal amount thereof. (Pub. L. 87–19

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2197 — General provisions relating to insurance, guaranty, financing, and reinsurance programs

**(a) to (f). Repealed. Pub. L. 115–254, div. F, title VI, § 1464(2), Oct. 5, 2018, 132 Stat. 3513** **(g) Fraud or misrepresentation** No payment may be made under any guaranty, insurance, or reinsurance issued pursuant to this subpart for any loss arising out of fraud or misrepresentation for which the party seeking payment is responsible. **(h) to (k) Repealed. Pub. L. 115–254, div. F, title VI, § 1464(2), Oct. 5, 2018, 132 Stat. 3513** **(l) Convictions under Foreign Corrupt Practices Act of 1977; prohibition on payments for losses resulting from unlawful activities; suspension from eligibility of receipt of financial support** (1) No payment may be made under any insurance or reinsurance which is issued under this subpart on or after April 24, 1978, for any loss occurring with respect to a project, if the preponderant cause of such loss was an act by the investor seeking payment under this subpart, by a person possessing majority ownership and control of the investor at the time of the act, or by any agent of such investor or controlling person, and a court of the United States has entered a final judgment that such act constituted a violation under the Foreign Corrupt Practices Act of 1977. (2) Not later than 120 days after April 24, 1978, the Corporation shall adopt regulations setting forth appropriate conditions under which any person convicted under the Foreign Corrupt Practices Act of 1977 for an offense related to a project insured or otherwise supported by the Corporation shall be suspended, for a period of not more than five years, from eligibility to receive any insurance, reinsurance, guaranty, loan, or other financial support authorized by this subpart. **(m) Notification of countries of environmental restrictions on certain activities** (1) Befo

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2197 — General provisions relating to insurance,

§ 2197. General provisions relating to insurance, guaranty, financing, and reinsurance pro- grams (a) to (f). Repealed. Pub. L. 115–254, div. F, title VI, § 1464(2), Oct. 5, 2018, 132 Stat. 3513 (g) Fraud or misrepresentation No payment may be made under any guaranty, insurance, or reinsurance issued pursuant to Page 680 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2197 1 See References in Text note below. this subpart for any loss arising out of fraud or misrepresentation for which the party seeking payment is responsible. (h) to (k) Repealed. Pub. L. 115–254, div. F, title VI, § 1464(2), Oct. 5, 2018, 132 Stat. 3513 (l) Convictions under Foreign Corrupt Practices Act of 1977; prohibition on payments for losses resulting from unlawful activities; sus- pension from eligibility of receipt of finan- cial support (1) No payment may be made under any insur- ance or reinsurance which is issued under this subpart on or after April 24, 1978, for any loss oc- curring with respect to a project, if the prepon- derant cause of such loss was an act by the in- vestor seeking payment under this subpart, by a person possessing majority ownership and con- trol of the investor at the time of the act, or by any agent of such investor or controlling person, and a court of the United States has entered a final judgment that such act constituted a vio- lation under the Foreign Corrupt Practices Act of 1977. (2) Not later than 120 days after April 24, 1978, the Corporation shall adopt regulations setting forth appropriate conditions under which any person convicted under the Foreign Corrupt Practices Act of 1977 for an offense related to a project insured or otherwise supported by the Corporation shall be suspended, for a period of not more than five years, from

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9563 — Prioritization of efforts and assistance for energy infrastructure projects in Europe and Eurasia

**(a) In general** In pursuing the policy described in [section 9562 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9562&num=0&edition=prelim), the Secretary of State, in consultation with the Secretary of Energy and the heads of other relevant United States agencies, shall, as appropriate, prioritize and expedite the efforts of the Department of State and those agencies in supporting the efforts of the European Commission and the governments of European and Eurasian countries to increase their energy security, including through— (1) providing diplomatic and political support to the European Commission and those governments, as necessary— (A) to facilitate international negotiations concerning cross-border infrastructure; (B) to enhance Europe’s regulatory environment with respect to energy; and (C) to develop accessible, transparent, and competitive energy markets supplied by diverse sources, types, and routes of energy; and (2) providing support to improve European and Eurasian energy markets, including early-stage project support and late-stage project support for the construction or improvement of energy and related infrastructure, as necessary— (A) to diversify the energy sources and supply routes of European and Eurasian countries; (B) to enhance energy market integration across the region; and (C) to increase competition within energy markets. **(b) Project selection** (1) **In general** — The agencies described in subsection (a) shall identify energy infrastructure projects that would be appropriate for United States assistance under this section. (2) **Project eligibility** — A project is eligible for United States assistance under this section if the project— (A) (i) improves electricit

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9563 — Prioritization of efforts and assistance for

§ 9563. Prioritization of efforts and assistance for energy infrastructure projects in Europe and Eurasia (a) In general In pursuing the policy described in section 9562 of this title, the Secretary of State, in consulta- tion with the Secretary of Energy and the heads of other relevant United States agencies, shall, as appropriate, prioritize and expedite the ef- forts of the Department of State and those agen- cies in supporting the efforts of the European Commission and the governments of European and Eurasian countries to increase their energy security, including through— (1) providing diplomatic and political sup- port to the European Commission and those governments, as necessary— (A) to facilitate international negotiations concerning cross-border infrastructure; (B) to enhance Europe’s regulatory envi- ronment with respect to energy; and (C) to develop accessible, transparent, and competitive energy markets supplied by di- verse sources, types, and routes of energy; and (2) providing support to improve European and Eurasian energy markets, including early- stage project support and late-stage project support for the construction or improvement of energy and related infrastructure, as nec- essary— (A) to diversify the energy sources and supply routes of European and Eurasian countries; (B) to enhance energy market integration across the region; and (C) to increase competition within energy markets. (b) Project selection (1) In general The agencies described in subsection (a) shall identify energy infrastructure projects that would be appropriate for United States assistance under this section. (2) Project eligibility A project is eligible for United States assist- ance under this section if the project— (A)(i) improves electricit

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 9601 — Reference

With respect to any function transferred under this subchapter (including under a reorganization plan under [section 9682 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section9682&num=0&edition=prelim)) and exercised on or after October 5, 2018, reference in any other Federal law to any department, commission, or agency or any officer or office the functions of which are so transferred shall be deemed to refer to the Corporation or official or component of the Corporation to which that function is so transferred.

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