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Title 22, Foreign Relations and IntercourseRelease 119-110

§9683 Transfer of Functions

Title 22 › CHAPTER 103 — BETTER UTILIZATION OF INVESTMENTS LEADING TO DEVELOPMENT › SUBCHAPTER VI — TRANSITIONAL PROVISIONS › § 9683

Last updated Sep 22, 2026|Official source

Summary

At the end of the transition period, the Corporation must take over the jobs, people, property, and debts of the Overseas Private Investment Corporation as it existed the day before October 5, 2018. It must also take certain USAID pieces: the Development Credit Authority and the existing Legacy Credit portfolio under the Urban Environment Program plus other direct loan and non-Development Credit Authority guaranty programs that were in place on October 5, 2018, except for sovereign loan guaranties. Also at the end of the transition period, and with the USAID Administrator’s okay, the Corporation may receive the Office of Private Capital and Microenterprise and the enterprise funds. The loan accounts and legal rights for the sovereign loan guaranty portfolio that USAID held the day before October 5, 2018 may be moved to the Corporation or another federal agency, and the President must describe that move in the required reorganization plan. Any U.S. bilateral agreements in effect on October 5, 2018 that supported OPIC and the Development Credit Authority will count as meeting the law’s agreement rules. During the transition, the named agencies must keep managing their assets, obligations, and programs as the President directs.

Full Legal Text

Title 22, §9683

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)In general
Effective at the end of the transition period, there shall be transferred to the Corporation the functions, personnel, assets, and liabilities of— (1)
(2)the following elements of the United States Agency for International Development:
(A)The Development Credit Authority.
(B)The existing Legacy Credit portfolio under the Urban Environment Program and any other direct loan programs and non-Development Credit Authority guaranty programs authorized by the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or other predecessor Acts, as in existence on October 5, 2018, other than any sovereign loan guaranties.
(b)Additional transfer authority
Effective at the end of the transition period, there is authorized to be transferred to the Corporation, with the concurrence of the Administrator of the United States Agency for International Development, the functions, personnel, assets, and liabilities of the following elements of the United States Agency for International Development:
(1)The Office of Private Capital and Microenterprise.
(2)The enterprise funds.
(c)Sovereign loan guaranty transfer
(1)In general
Effective at the end of the transition period, there is authorized to be transferred to the Corporation or any other appropriate department or agency of the United States Government the loan accounts and the legal rights and responsibilities for the sovereign loan guaranty portfolio held by the United States Agency for International Development as in existence on the day before October 5, 2018.
(2)Inclusion in reorganization plan
The President shall include in the reorganization plan submitted under section 9682 of this title a description of the transfer authorized under paragraph (1).
(d)Bilateral agreements
Any bilateral agreement of the United States in effect on October 5, 2018, that serves as the basis for programs of the Overseas Private Investment Corporation and the Development Credit Authority shall be considered as satisfying the requirements of section 9631(a) of this title.
(e)Transition
During the transition period, the agencies specified in subsection (a) shall—
(1)continue to administer the assets and obligations of those agencies; and
(2)carry out such programs and activities authorized under this chapter as may be determined by the President.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Foreign Assistance Act of 1961, referred to in subsec. (a)(2)(B), 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 section 2151 of this title and Tables. This chapter, referred to in subsec. (e)(2), 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.

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 mandate to foster private initiative and competition and enhance the ability of private enterprise to make its full contribution to the development process, the Overseas Private Investment Corporation shall support projects in Poland and Hungary which will result in enhancement of the nongovernmental sector and reduction of state involvement in the economy.” [For

Transfer of Functions

, personnel, assets, and liabilities of the Overseas Private Investment Corporation to the United States International Development Finance Corporation and treatment of related references, see this section and section 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 Appropriations Act, 1990 [Pub. L. 101–167], contains the same amendment that is made by subsection (a) of this section [amending former section 2199(f) of this title by inserting “, Poland, Hungary,” after “Yugoslavia”], the amendment made by that Act shall not be effective.”

Reference

Citations & Metadata

Citation

22 U.S.C. § 9683

Title 22, Foreign Relations and Intercourse

Last Updated

Sep 22, 2026

Release point: 119-110