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22 U.S.C. § 9651 — Establishment of risk and audit commit-

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

22 U.S.C. § 9651 — Establishment of risk and audit commit-

Page 2282 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9635 eign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) may be transferred to the Corporation and funds authorized to be appropriated to the Cor- poration may be transferred to the Department of State and the United States Agency for Inter- national Development. (k) Definition In this section, the term ‘‘project-specific transaction costs’’— (1) means those costs incurred by the Cor- poration for travel, legal expenses, and direct and indirect costs incurred in claims settle- ments associated with the provision of support under subchapter II of this chapter and shall not be considered administrative expenses for the purposes of this section; and (2) does not include information technology (as such term is defined in section 11101 of title 40). (Pub. L. 115–254, div. F, title III, § 1434, Oct. 5, 2018, 132 Stat. 3501.) Editorial Notes REFERENCES IN TEXT Subchapter VI of this chapter, referred to in subsec. (i), 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 L. 115–254, Oct. 5, 2018, 132 Stat. 3510, which is classified principally to subchapter VI of this chapter and which repealed title IV of chap- ter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.), other than subsections (g), (l), (m), and (n) of section 237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. This chapter, referred to in subsec. (j), was in the original ‘‘this division’’, meaning division F of Pub. L. 115–254, Oct. 5, 2018, 132 Stat. 3485, which is classified principally to this chapter. For complete classification of division F to the Code, see Short Title note set out un

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Stable record: federal_law:legal_authorities:usc2024-e2fba348e6a12a5ffb549627
Source file: Laws/federal/codes/united-states-code-2024/title-22/section-9651-establishment-of-risk-and-audit-commit--f4412d35d4.md
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Page 2282 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9635 eign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) may be transferred to the Corporation and funds authorized to be appropriated to the Cor- poration may be transferred to the Department of State and the United States Agency for Inter- national Development. (k) Definition In this section, the term ‘‘project-specific transaction costs’’— (1) means those costs incurred by the Cor- poration for travel, legal expenses, and direct and indirect costs incurred in claims settle- ments associated with the provision of support under subchapter II of this chapter and shall not be considered administrative expenses for the purposes of this section; and (2) does not include information technology (as such term is defined in section 11101 of title 40). (Pub. L. 115–254, div. F, title III, § 1434, Oct. 5, 2018, 132 Stat. 3501.) Editorial Notes REFERENCES IN TEXT Subchapter VI of this chapter, referred to in subsec. (i), 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. This chapter, referred to in subsec. (j), was in the original ‘‘this division’’, meaning division F of Pub. L. 115–254, Oct. 5, 2018, 132 Stat. 3485, which is classified principally to this chapter. For complete classification of division F to the Code, see Short Title note set out under section 9601 of this title and Tables. The Foreign Assistance Act of 1961, referred to in sub- sec. (j), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2151 of this title and Tables. Statutory Notes and Related Subsidiaries AUTHORIZATION FOR COLLECTIONS Pub. L. 116–94, div. G, title VI, Dec. 20, 2019, 133 Stat. 2841, provided in part: ‘‘That in this fiscal year, and each fiscal year thereafter, the Corporation shall col- lect the amounts described in section 1434(h) of the BUILD Act of 2018 [22 U.S.C. 9634(h)]’’. § 9635. Coordination with other development agencies It is the sense of Congress that the Corpora- tion should use relevant data of the Department of State, the Millennium Challenge Corporation, the United States Agency for International De- velopment, and other departments and agencies that have development functions to better in- form the decisions of the Corporation with re- spect to providing support under subchapter II of this chapter. (Pub. L. 115–254, div. F, title III, § 1435, Oct. 5, 2018, 132 Stat. 3503.) SUBCHAPTER IV—MONITORING, EVALUATION, AND REPORTING § 9651. Establishment of risk and audit commit- tees (a) In general To assist the Board to fulfill its duties and re- sponsibilities under section 9621(a) of this title, the Corporation shall establish a risk committee and an audit committee. (b) Duties and responsibilities of risk committee Subject to the direction of the Board, the risk committee established under subsection (a) shall have oversight responsibility of— (1) formulating risk management policies of the operations of the Corporation; (2) reviewing and providing guidance on op- eration of the Corporation’s global risk man- agement framework; (3) developing policies for enterprise risk management, monitoring, and management of strategic, reputational, regulatory, oper- ational, developmental, environmental, social, and financial risks; (4) developing the risk profile of the Cor- poration, including a risk management and compliance framework and governance struc- ture to support such framework; and (5) developing policies and procedures for as- sessing, prior to providing, and for any period during which the Corporation provides, sup- port to any foreign entities, whether such en- tities have in place sufficient enhanced due diligence policies and practices to prevent money laundering and corruption to ensure the Corporation does not provide support to persons that are— (A) knowingly engaging in acts of corrup- tion; (B) knowingly providing material or finan- cial support for terrorism, drug trafficking, or human trafficking; or (C) responsible for ordering or otherwise directing serious or gross violations of human rights. (c) Duties and responsibilities of audit com- mittee Subject to the direction of the Board, the audit committee established under subsection (a) shall have the oversight responsibility of— (1) the integrity of the Corporation’s finan- cial reporting and systems of internal controls regarding finance and accounting; (2) the integrity of the Corporation’s finan- cial statements; (3) the performance of the Corporation’s in- ternal audit function; and (4) compliance with legal and regulatory re- quirements related to the finances of the Cor- poration. (Pub. L. 115–254, div. F, title IV, § 1441, Oct. 5, 2018, 132 Stat. 3503.) § 9652. Performance measures, evaluation, and learning (a) In general The Corporation shall develop a performance measurement system to evaluate and monitor

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

22 U.S.C. § 2151 — Congressional findings and declaration of policy

(a) United States development cooperation policy

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

22 U.S.C. § 2151 — Congressional findings and declaration of

Page 532 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2151 Sec. 2394a. Extortion and illegal payments to offi- cials of foreign countries receiving international security assistance. 2394b. HELP Commission. 2394c. Information on covered United States foreign assistance programs. 2395. General authorities. 2395a. International agreements concerning debt relief; transmittal to congres- sional committees. 2396. Availability of funds. 2396a. Property Management Fund. 2396b. USAID Buying Power Maintenance Ac- count. 2397. Administrative expenses. 2398. Assistance to countries pursuant to other statutes. 2399 to 2399a. Repealed or Transferred. 2399b. False claims and ineligible commodities. 2399c. Coordination of policies and programs. 2399d. Shipping differential. PART III—MISCELLANEOUS PROVISIONS 2401. Effective date; identification of pro- grams. 2402. Saving provisions. 2403. Definitions. 2404. Unexpended balances. 2405. Separability. 2406. Development programs for dependable fuel supplies. 2407. Special authorization for use of foreign currencies. 2408. Repealed. 2409. Use of United States Armed Forces. 2410, 2410a. Repealed. 2411. Limitation upon exercise of special au- thorities. 2412. Limitation on foreign assistance appro- priations. 2413. Changes in allocation of foreign assist- ance. 2414. Presidential findings and determina- tions. 2414a. Annual report to Congress on voting practices at United Nations. 2415. Annual military assistance report. 2416. Annual foreign military training report. 2417 to 2419. Repealed. 2420. Police training prohibition. 2421. Trade and Development Agency. 2421a. Capital projects office within Agency for International Development. 2421b. Capital projects for

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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,

Page 679 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2197 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective at the end of the transition period, as defined in section 9681 of this title, see section 9684 of this title. APPROPRIATION OF MONEYS IN ADVANCE AS REQUISITE TO PURCHASES, INVESTMENTS, OR OTHER ACQUISI- TIONS OF EQUITY BY FUND CREATED UNDER PILOT EQUITY FINANCE PROGRAM Pub. L. 100–461, title V, § 555, Oct. 1, 1988, 102 Stat. 2268–36, provided in part: ‘‘That purchases, investments or other acquisitions of equity by the fund created by section 104 of H.R. 5263 as hereby enacted [former 22 U.S.C. 2194(g)(5)] are limited to such amounts as may be provided in advance in appropriations Acts’’, and fur- ther provided ‘‘That purchases, investments or other acquisitions of equity by the fund created by section 104 of S. 2757 as hereby enacted [former 22 U.S.C. 2194(g)(5)] are limited to such amounts as may be pro- vided in advance in appropriations Acts’’. OVERSEAS PRIVATE INVESTMENT CORPORATION; REAFFIRMATION OF SUPPORT Pub. L. 100–418, title II, § 2203(a), Aug. 23, 1988, 102 Stat. 1328, provided that Congress reaffirmed its sup- port for the former Overseas Private Investment Cor- poration as a United States Government agency serv- ing important development assistance goals. Executive Documents EX. ORD. NO. 11579. OVERSEAS PRIVATE INVESTMENT CORPORATION Ex. Ord. No. 11579, Jan. 19, 1971, 36 F.R. 969, as amend- ed by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, provided: By virtue of the authority vested in me by the For- eign Assistance Act of 1961 (75 Stat. 424), as amended (hereinafter the ‘‘Act’’) [section 2151 et seq. of this title] and section 301 of

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

22 U.S.C. § 9634 — Maximum contingent liability

**(a) In general** The maximum contingent liability of the Corporation outstanding at any one time shall not exceed in the aggregate $205,000,000,000. **(b) Rule of construction** The maximum contingent liability shall apply to all extension of liability by the Corporation regardless of the authority cited thereto.

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

22 U.S.C. § 9634 — Corporate funds

Page 2281 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 9634 1 So in original. Probably should be followed by ‘‘and’’. principally to this chapter. For complete classification of division F to the Code, see Short Title note set out under section 9601 of this title and Tables. § 9633. Maximum contingent liability The maximum contingent liability of the Cor- poration outstanding at any one time shall not exceed in the aggregate $60,000,000,000. (Pub. L. 115–254, div. F, title III, § 1433, Oct. 5, 2018, 132 Stat. 3501.) § 9634. Corporate funds (a) Corporate Capital Account There is established in the Treasury of the United States a fund to be known as the ‘‘Cor- porate Capital Account’’ to carry out the pur- poses of the Corporation. (b) Funding The Corporate Capital Account shall consist of— (1) fees charged and collected pursuant to subsection (c); (2) any amounts received pursuant to sub- section (e); (3) investments and returns on such invest- ments pursuant to subsection (g); (4) unexpended balances transferred to the Corporation pursuant to subsection (i); (5) payments received in connection with settlements of all insurance and reinsurance claims of the Corporation; and (6) all other collections transferred to or earned by the Corporation, excluding the cost, as defined in section 661a of title 2, of loans and loan guaranties. (c) Fee authority Fees may be charged and collected for pro- viding services in amounts to be determined by the Corporation. (d) Uses (1) In general Subject to Acts making appropriations, the Corporation is authorized to pay— (A) the cost, as defined in section 661a of title 2, of loans and loan guaranties; (B) administrative expenses of the Cor- poration; (C) for the cost of providing support au- thorized b

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

22 U.S.C. § 9651 — Coordination with other development agencies

It is the sense of Congress that the Corporation should use relevant data of the Department of State, the Millennium Challenge Corporation, the United States Agency for International Development, and other departments and agencies that have development functions to better inform the decisions of the Corporation with respect to providing support under subchapter II of this chapter.

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