§9652 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

The Corporation must create a system to measure how well its projects under subchapter II are working and to guide future projects. It must build a metric called the Impact Quotient to predict and track a project’s development results across the project lifecycle, look at single projects and whole portfolios, signal when to fix problems, and help with required notices to Congress. The Corporation must also make a way to show its support adds to private investment, set rules and methods to watch financial performance and to measure both expected and actual development impact (including the data needed to meet section 9653), and set rules to monitor environmental and social safeguards after consulting widely. The system must include standards so staff or agents identify and, when needed, visit in person every high-risk loan, loan guarantee, and equity project after funds are first sent. The Corporation must be ready to explain these standards at any meeting of the Congressional Strategic Advisory Group. It must regularly publish country-by-country information and performance metrics about its support under subchapter II. While making the system, the Corporation must consult the Development Advisory Council under section 9613(i) and other stakeholders. The Corporation must keep enough full-time staff with experience in areas like development finance, financial analysis, portfolio management, monitoring and evaluation, impact measurement, and legal or ethics work. Those people must work in 1 or more dedicated units that are independent of investment teams, run by senior staff who report to the CEO or Deputy CEO, and have enough resources. The Corporation may not cut the staffing, funding, or independence of these units unless the CEO certifies in writing to the proper congressional committees that cuts are needed because of operational exigency, statutory change, or budget shortfall, and the annual report explains how the changes affect its ability to analyze and report on portfolio performance.

Title 22, §9652

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)The Corporation shall develop a performance measurement system to evaluate and monitor projects supported by the Corporation under subchapter II of this chapter and to guide future projects of the Corporation.

(b)In developing the performance measurement system required by subsection (a), the Corporation shall—

(1)develop a development impact measurement system, to be known as the Corporation’s Impact Quotient, which shall—

(A)serve as a metrics-based measurement system to assess a project’s expected outcomes and development impact on a country, a region, and populations throughout the sourcing, origination, management, monitoring, and evaluation stages of a project’s lifecycle;

(B)enable the Corporation to assess development impact at both the project and portfolio level;

(C)provide guidance on when to take appropriate corrective measures to further development goals throughout a project’s lifecycle; and

(D)inform congressional notification requirements outlining the Corporation’s project development impacts;

(2)develop a mechanism for ensuring that support provided by the Corporation under subchapter II of this chapter is in addition to private investment;

(3)develop standards for, and a method for ensuring, appropriate financial performance of the Corporation’s portfolio;

(4)develop standards for, and a method for evaluating and documenting the development impacts of the Corporation’s portfolio, including—

(A)measurement of the projected and ex post development impact of a project; and

(B)the information necessary to comply with section 9653 of this title;

(5)develop standards for, and a method for ensuring, appropriate monitoring of the Corporation’s compliance with environmental and social standards consistent with the guidance published by the Corporation following broad consultation with appropriate stakeholders to include civil society; and

(6)develop standards for, and a method for ensuring, appropriate monitoring of the Corporation’s portfolio, including standards for ensuring employees or agents of the Corporation identify and conduct in-person site visits of each high-risk loan, loan guarantee, and equity project, as necessary and appropriate, after the initial disbursement of funds.

(c)At any meeting of the Congressional Strategic Advisory Group, the Corporation shall be prepared discuss the standards developed in subsection (b) for all ongoing projects.

(d)The Corporation shall make available to the public on a regular basis information about support provided by the Corporation under subchapter II of this chapter and performance metrics about such support on a country-by-country basis.

(e)In developing the performance measurement system required by subsection (a), the Corporation shall consult with the Development Advisory Council established under section 9613(i) of this title and other stakeholders and interested parties engaged in sustainable economic growth and development.

(f)(1)The Corporation shall maintain an adequate number of full-time personnel with appropriate expertise to fulfill its obligations under this section and section 9653 of this title, including—

(A)monitoring and evaluating the financial performance of the Corporation’s portfolio;

(B)evaluating the development and strategic impact of investments throughout the program lifecycle;

(C)preparing required annual reporting on the Corporation’s portfolio of investments, including the information set forth in section 9653(a)(6) of this title; and

(D)monitoring for compliance with all applicable laws and ethics requirements.

(2)Personnel assigned to carry out the obligations described in paragraph (1) shall possess demonstrable professional experience in relevant areas, such as development finance, financial analysis, investment portfolio management, monitoring and evaluation, impact measurement, or legal and ethics expertise.

(3)The Corporation shall maintain such personnel within 1 or more dedicated units or offices, which shall—

(A)be functionally independent from investment origination teams;

(B)be managed by senior staff who report to the Chief Executive Officer or Deputy Chief Executive Officer; and

(C)be allocated resources sufficient to fulfill the Corporation’s obligations under this section and to support transparency and accountability to Congress and to the public.

(4)The Corporation may not reduce the staffing, funding, or organizational independence of the units or personnel responsible for fulfilling the obligations under this section unless—

(A)the Chief Executive Officer certifies in writing to the appropriate congressional committees that such reductions are necessary due to operational exigency, statutory change, or budgetary shortfall; and

(B)the Corporation includes in its annual report a detailed explanation of the impact of any such changes on its capacity to analyze and report on portfolio performance.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Subsec. (b)(1). Pub. L. 119–60, § 8754(1)(A), added par. (1) and struck out former par. (1) which read as follows: “develop a successor for the development impact measurement system of the Overseas Private Investment Corporation (as such system was in effect on the day before October 5, 2018);”. Subsec. (b)(4). Pub. L. 119–60, § 8754(1)(C)(i), substituted “method for evaluating and documenting the development impacts” for “method for ensuring, appropriate development performance” in introductory provisions. Subsec. (b)(5), (6). Pub. L. 119–60, § 8754(1)(B), (C)(ii), (D), added pars. (5) and (6). Subsecs. (c) to (e). Pub. L. 119–60, § 8754(2), (3), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively. Subsec. (f). Pub. L. 119–60, § 8754(4), added subsec. (f).

§9652 Performance Measures, Evaluation, and Learning

Summary

Title 22, §9652

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata