Title 22 — Foreign Relations and Intercourse
Chapter 103 — Better Utilization of Investments Leading to Development
§ 9653. Annual report
Statutory text
In general
After the end of each fiscal year, the Corporation shall submit to the appropriate congressional committees a complete and detailed report of its operations during that fiscal year, including an assessment of—
the economic and social development impact, including with respect to matters described in subsections (d), (e), and (f) of section 9651 of this title, of projects supported by the Corporation under subchapter II of this chapter;
the extent to which the operations of the Corporation complement or are compatible with the development assistance programs of the United States and qualifying sovereign entities;
the Corporation’s institutional linkages with other relevant United States Government department 1 and agencies, including efforts to strengthen such linkages;
the compliance of projects supported by the Corporation under subchapter II of this chapter with human rights, environmental, labor, and social policies, or other such related policies that govern the Corporation’s support for projects, promulgated or otherwise administered by the Corporation;
the United States strategic, foreign policy, and development objectives advanced through projects supported by the Corporation; and
the health of the Corporation’s portfolio, including an annual overview of funds committed, funds disbursed, default and recovery rates, capital mobilized, equity investments’ year on year returns, and any difference between how investments were modeled at commitment and how they ultimately performed, to include a narrative explanation explaining any changes.
Elements
Each annual report required by subsection (a) shall include analyses of the effects of projects supported by the Corporation under subchapter II of this chapter, including—
reviews and analyses of—
the desired development impact and strategic outcomes for projects, and whether or not the Corporation is meeting the associated metrics, goals, and development objectives, including, to the extent practicable, in the years after conclusion of projects;
whether the Corporation’s support for projects that focus on achieving strategic outcomes are achieving such strategic objectives of such investments over the duration of the support and lasting after the Corporation’s support is completed;
the value of private sector assets brought to bear relative to the amount of support provided by the Corporation and the value of any other public sector support;
the total private capital projected to be mobilized by projects supported by the Corporation during that year, including an analysis of the lenders and investors involved and investment instruments used;
the total private capital actually mobilized by projects supported by the Corporation that were fully funded by the end of that year, including—
an analysis of the lenders and investors involved and investment instruments used; and
a comparison with the private capital projected to be mobilized for the projects described in this paragraph;
a breakdown of—
the amount and percentage of Corporation support provided to less developed countries, advancing income countries, and high-income countries in the previous fiscal year; and
the amount and percentage of Corporation support provided to less developed countries, advancing income countries and high-income countries averaged over the last 5 fiscal years;
a breakdown of the aggregate amounts and percentage of the maximum contingent liability of the Corporation authorized to be outstanding pursuant to section 1433 in less developed countries, advancing income countries, and high-income countries;
the risk appetite of the Corporation to undertake projects in less developed countries and in sectors that are critical to development but less likely to deliver substantial financial returns; and
efforts by the Chief Executive Officer to incentivize calculated risk-taking by transaction teams, including through the conduct of development performance reviews and provision of development performance rewards;
an explanation of any partnership arrangement or cooperation with a qualifying sovereign entity in support of each project;
projections of—
development outcomes, and whether or not support for projects are meeting the associated performance measures, both during the start-up phase and over the duration of the support, and to the extent practicable, measures of such development outcomes should be on a gender-disaggregated basis, such as changes in employment, access to financial services, enterprise development and growth, and composition of executive boards and senior leadership of enterprises receiving support under subchapter II of this chapter; and
the value of private sector assets brought to bear relative to the amount of support provided by the Corporation and the value of any other public sector support;
to the extent practicable, recommendations for measures that could enhance the strategic goals of projects to adapt to changing circumstances; and
an assessment of the extent to which lessons learned from the monitoring and evaluation activities of the Corporation, and from annual reports from previous years compiled by the Corporation, have been applied to projects.
Footnotes
- 1 So in original. Probably should be “departments”.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Better Utilization of Investments Leading to Development Act of 2018
Pub. L. 115–254 div. F title IV § 1443 · 132 Stat. 3187
Enacted · 22 U.S.C. § 9653
Pub. L. 115–254, div. F, title IV, § 1443, Oct. 5, 2018, 132 Stat. 3505
Source evidence
Code source credit
Pub. L. 115–254, div. F, title IV, § 1443, Oct. 5, 2018, 132 Stat. 3505Enacted provision · exact public law section
SEC. 1443. ANNUAL REPORT. (a) In General.— After the end of each fiscal year, the Corporation shall submit to the appropriate congressional committees a complete and detailed report of its operations during that fiscal year, including an assessment of— (1) the economic and social development impact, including with respect to matters described in subsections (d), (e), and (f) of section 1451, of projects supported by the Corporation under title II; (2) the extent to which the operations of the Corporation complement or are compatible with the development assistance programs of the United States and qualifying sovereign entities; (3) the Corporation’s institutional linkages with other relevant United States Government department and agencies, including efforts to strengthen such linkages; and (4) the compliance of projects supported by the Corporation under title II with human rights, environmental, labor, and social policies, or other such related policies that govern the Corporation’s support for projects, promulgated or otherwise administered by the Corporation. (b) Elements.— Each annual report required by subsection (a) shall include analyses of the effects of projects supported by the Corporation under title II, including— (1) reviews and analyses of— (A) the desired development outcomes for projects and whether or not the Corporation is meeting the associated metrics, goals, and development objectives, including, to the extent practicable, in the years after conclusion of projects; and (B) the effect of the Corporation’s support on access to capital and ways in which the Corporation is addressing identifiable market gaps or inefficiencies and what impact, if any, such support has on access to credit for a specific project, country, or sector; (2) an explanation of any partnership arrangement or cooperation with a qualifying sovereign entity in support of each project; (3) projections of— (A) development outcomes, and whether or not support for projects are meeting the associated performance measures, both during the start-up phase and over the duration of the support, and to the extent practicable, measures of such development outcomes should be on a gender-disaggregated basis, such as changes in employment, access to financial services, enterprise development and growth, and composition of executive boards and senior leadership of enterprises receiving support under title II; and (B) the value of private sector assets brought to bear relative to the amount of support provided by the Corporation and the value of any other public sector support; and (4) an assessment of the extent to which lessons learned from the monitoring and evaluation activities of the Corporation, and from annual reports from previous years compiled by the Corporation, have been applied to projects.Pub. L. 119–60 § 8755(1) · 139 Stat. 1966
Added · 22 U.S.C. § 9653(a)(5); 22 U.S.C. § 9653(a)(6)
Pub. L. 119–60, § 8755(1), added pars. (5) and (6)
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(5), (6). Pub. L. 119–60, § 8755(1), added pars. (5) and (6).Pub. L. 119–60 § 8755(2)(A) · 139 Stat. 1966
Added · 22 U.S.C. § 9653(b)(1)(A)(I)
Pub. L. 119–60, § 8755(2)(A), added pars. (A) to (I)
Struck · 22 U.S.C. § 9653(b)(1)(A)(I)
Pub. L. 119–60, § 8755(2)(A), struck out former pars. (A) and (B) which read as follows:
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(1)(A) to (I). Pub. L. 119–60, § 8755(2)(A), added pars. (A) to (I) and struck out former pars. (A) and (B) which read as follows:“(A) the desired development outcomes for projects and whether or not the Corporation is meeting the associated metrics, goals, and development objectives, including, to the extent practicable, in the years after conclusion of projects; and “(B) the effect of the Corporation’s support on access to capital and ways in which the Corporation is addressing identifiable market gaps or inefficiencies and what impact, if any, such support has on access to credit for a specific project, country, or sector;”.
Pub. L. 119–60 § 8755(2)(B) · 139 Stat. 1966
Added · 22 U.S.C. § 9653(b)(4); 22 U.S.C. § 9653(b)(5)
Pub. L. 119–60, § 8755(2)(B) to (D), added par. (4)
Redesignated · 22 U.S.C. § 9653(b)(4); 22 U.S.C. § 9653(b)(5)
Pub. L. 119–60, § 8755(2)(B) to (D), redesignated former par. (4) as (5)
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(4), (5). Pub. L. 119–60, § 8755(2)(B) to (D), added par. (4) and redesignated former par. (4) as (5).
1 of 6 references resolved to an enrolled provision · 5 unresolved
Editorial Notes
Amendments
2025—Subsec. (a)(5), (6). Pub. L. 119–60, § 8755(1), added pars. (5) and (6).
Subsec. (b)(1)(A) to (I). Pub. L. 119–60, § 8755(2)(A), added pars. (A) to (I) and struck out former pars. (A) and (B) which read as follows:
“(A) the desired development outcomes for projects and whether or not the Corporation is meeting the associated metrics, goals, and development objectives, including, to the extent practicable, in the years after conclusion of projects; and
“(B) the effect of the Corporation’s support on access to capital and ways in which the Corporation is addressing identifiable market gaps or inefficiencies and what impact, if any, such support has on access to credit for a specific project, country, or sector;”.
Subsec. (b)(4), (5). Pub. L. 119–60, § 8755(2)(B) to (D), added par. (4) and redesignated former par. (4) as (5).
Credits
2018–2025 · 2 acts
- 2018Pub. L. 115–254, div. F, title IV, § 1443, , 132 Stat. 3505
- 2025Pub. L. 119–60, div. H, title LXXXVII, § 8755, , 139 Stat. 1966.
Show as published
(Pub. L. 115–254, div. F, title IV, § 1443, , 132 Stat. 3505; Pub. L. 119–60, div. H, title LXXXVII, § 8755, , 139 Stat. 1966.)