H. R. 302—322 
(9) partner with private sector entities that provide access 
to capital and expertise; and 
(10) identify and screen new investment partners. 
(c) TECHNICAL ASSISTANCE.—The Corporation shall coordinate 
with the United States Agency for International Development and 
other agencies and departments, as necessary, on projects and 
programs supported by the Corporation that include technical 
assistance. 
SEC. 1446. NOTIFICATIONS TO BE PROVIDED BY THE CORPORATION. 
(a) IN GENERAL.—Not later than 15 days prior to the Corpora-
tion making a financial commitment associated with the provision 
of support under title II in an amount in excess of $10,000,000, 
the Chief Executive Officer of the Corporation shall submit to 
the appropriate congressional committees a report in writing that 
contains the information required by subsection (b). 
(b) INFORMATION REQUIRED.—The information required by this 
subsection includes— 
(1) the amount of each such financial commitment; 
(2) an identification of the recipient or beneficiary; and 
(3) a description of the project, activity, or asset and the 
development goal or purpose to be achieved by providing sup-
port by the Corporation. 
(c) BILATERAL AGREEMENTS.—The Chief Executive Officer of 
the Corporation shall notify the appropriate congressional commit-
tees not later than 30 days after entering into a new bilateral 
agreement described in section 1431(a). 
TITLE V—CONDITIONS, RESTRICTIONS, 
AND PROHIBITIONS 
SEC. 1451. LIMITATIONS AND PREFERENCES. 
(a) LIMITATION ON SUPPORT FOR SINGLE ENTITY.—No entity 
receiving support from the Corporation under title II may receive 
more than an amount equal to 5 percent of the Corporation’s 
maximum contingent liability authorized under section 1433. 
(b) PREFERENCE FOR SUPPORT FOR PROJECTS SPONSORED BY 
UNITED STATES PERSONS.— 
(1) IN GENERAL.—The Corporation should give preferential 
consideration to projects sponsored by or involving private 
sector entities that are United States persons. 
(2) UNITED STATES PERSON DEFINED.—In this subsection, 
the term ‘‘United States person’’ means— 
(A) a United States citizen; or 
(B) an entity owned or controlled by an individual 
or individuals described in subparagraph (A). 
(c) PREFERENCE FOR SUPPORT IN COUNTRIES IN COMPLIANCE 
WITH INTERNATIONAL TRADE OBLIGATIONS.— 
(1) CONSULTATIONS WITH UNITED STATES TRADE REPRESENT-
ATIVE.—Not less frequently than annually, the Corporation 
shall consult with the United States Trade Representative with 
respect to the status of countries eligible to receive support 
from the Corporation under title II and the compliance of 
those countries with their international trade obligations. 
(2) PREFERENTIAL CONSIDERATION.—The Corporation shall 
give preferential consideration to providing support under title
H. R. 302—323 
II for projects in countries in compliance with or making 
substantial progress coming into compliance with their inter-
national trade obligations. 
(d) WORKER RIGHTS.— 
(1) IN
GENERAL.—The Corporation shall only support 
projects under title II in countries that are taking steps to 
adopt and implement laws that extend internationally recog-
nized worker rights (as defined in section 507 of the Trade 
Act of 1974 (19 U.S.C. 2467)) to workers in that country, 
including any designated zone in that country. 
(2) REQUIRED CONTRACT LANGUAGE.—The Corporation shall 
also include the following language, in substantially the fol-
lowing form, in all contracts which the Corporation enters 
into with persons receiving support under title II: ‘‘The person 
receiving support agrees not to take actions to prevent 
employees of the foreign enterprise from lawfully exercising 
their right of association and their right to organize and bargain 
collectively. The person further agrees to observe applicable 
laws relating to a minimum age for employment of children, 
acceptable conditions of work with respect to minimum wages, 
hours of work, and occupational health and safety, and not 
to use forced labor or the worst forms of child labor (as defined 
in section 507 of the Trade Act of 1974 (19 U.S.C. 2467)). 
The person is not responsible under this paragraph for the 
actions of a foreign government.’’. 
(e) IMPACT NOTIFICATION.—The Board shall not vote in favor 
of any project proposed to be supported by the Corporation under 
title II that is likely to have significant adverse environmental 
or social impacts that are sensitive, diverse, or unprecedented, 
unless— 
(1) at least 60 days before the date of the vote, an environ-
mental and social impact assessment or initial environmental 
and social audit, analyzing the environmental and social 
impacts of the proposed project and of alternatives to the pro-
posed project, including mitigation measures, is completed; 
(2) such assessment or audit has been made available 
to the public of the United States, locally affected groups in 
the country in which the project will be carried out, and non-
governmental organizations in that country; and 
(3) the Corporation, applying best practices with respect 
to environmental and social safeguards, includes in any contract 
relating to the project provisions to ensure the mitigation of 
any such adverse environmental or social impacts. 
(f) WOMEN’S
ECONOMIC
EMPOWERMENT.—In utilizing its 
authorities under title II, the Corporation shall consider the impacts 
of its support on women’s economic opportunities and outcomes 
and shall prioritize the reduction of gender gaps and maximize 
development impact by working to improve women’s economic 
opportunities. 
(g) PREFERENCE
FOR PROVISION
OF SUPPORT
IN COUNTRIES 
EMBRACING PRIVATE ENTERPRISE.— 
(1) IN GENERAL.—The Corporation should give preferential 
consideration to projects for which support under title II may 
be provided in countries the governments of which have dem-
onstrated consistent support for economic policies that promote
H. R. 302—324 
the development of private enterprise, both domestic and for-
eign, and maintaining the conditions that enable private enter-
prise to make a full contribution to the development of such 
countries, including— 
(A) market-based economic policies; 
(B) protection of private property rights; 
(C) respect for the rule of law; and 
(D) systems to combat corruption and bribery. 
(2) SOURCES
OF
INFORMATION.—The Corporation should 
rely on both third-party indicators and United States Govern-
ment information, such as the Department of State’s Invest-
ment Climate Statements, the Department of Commerce’s 
Country Commercial Guides, or the Millennium Challenge Cor-
poration’s Constraints Analysis, to assess whether countries 
meet the conditions described in paragraph (1). 
(h) CONSIDERATION OF FOREIGN BOYCOTT PARTICIPATION.—In 
providing support for projects under title II, the Corporation shall 
consider, using information readily available, whether the project 
is sponsored by or substantially affiliated with any person taking 
or knowingly agreeing to take actions, or having taken or knowingly 
agreed to take actions within the past 3 years, which demonstrate 
or otherwise evidence intent to comply with, further, or support 
any boycott described in section 1773(a) of the Export Control 
Reform Act of 2018 (subtitle B of title XVII of Public Law 115– 
232). 
(i) ENSURING OPPORTUNITIES FOR SMALL BUSINESSES IN FOR-
EIGN DEVELOPMENT.—The Corporation shall, using broad criteria, 
make, to the maximum extent possible consistent with this division, 
efforts— 
(1) to give preferential consideration in providing support 
under title II to projects sponsored by or involving small 
businesses; and 
(2) to ensure that the proportion of projects sponsored 
by or involving United States small businesses, including 
women-, minority-, and veteran-owned small businesses, is not 
less than 50 percent of all projects for which the Corporation 
provides support and that involve United States persons. 
SEC. 1452. ADDITIONALITY AND AVOIDANCE OF MARKET DISTORTION. 
(a) IN GENERAL.—Before the Corporation provides support for 
a project under title II, the Corporation shall ensure that private 
sector entities are afforded an opportunity to support the project. 
(b) SAFEGUARDS, POLICIES, AND GUIDELINES.—The Corporation 
shall develop appropriate safeguards, policies, and guidelines to 
ensure that support provided by the Corporation under title II— 
(1) supplements and encourages, but does not compete 
with, private sector support; 
(2) operates according to internationally recognized best 
practices and standards with respect to ensuring the avoidance 
of market distorting government subsidies and the crowding 
out of private sector lending; and 
(3) does not have a significant adverse impact on United 
States employment.
H. R. 302—325 
SEC. 1453. PROHIBITION ON SUPPORT IN COUNTRIES THAT SUPPORT 
TERRORISM OR VIOLATE HUMAN RIGHTS AND WITH 
SANCTIONED PERSONS. 
(a) IN GENERAL.—The Corporation is prohibited from providing 
support under title II for a government, or an entity owned or 
controlled by a government, if the Secretary of State has determined 
that the government— 
(1) has repeatedly provided support for acts of international 
terrorism for purposes of— 
(A) section 1754(c)(1)(A)(i) of the Export Control 
Reform Act of 2018 (subtitle B of title XVII of Public 
Law 115–232); 
(B) section 620A(a) of the Foreign Assistance Act of 
1961 (22 U.S.C. 2371(a)); 
(C) section 40(d) of the Arms Export Control Act (22 
U.S.C. 2780(d)); or 
(D) any other relevant provision of law; or 
(2) has engaged in a consistent pattern of gross violations 
of internationally recognized human rights for purposes of sec-
tion 116(a) or 502B(a)(2) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2151n(a) and 2304(a)(2)) or any other relevant provi-
sion of law. 
(b) PROHIBITION ON SUPPORT OF SANCTIONED PERSONS.—The 
Corporation is prohibited from all dealings related to any project 
under title II prohibited under United States sanctions laws or 
regulations, including dealings with persons on the list of specially 
designated persons and blocked persons maintained by the Office 
of Foreign Assets Control of the Department of the Treasury, except 
to the extent otherwise authorized by the Secretary of the Treasury 
or the Secretary of State. 
(c) PROHIBITION ON SUPPORT OF ACTIVITIES SUBJECT TO SANC-
TIONS.—The Corporation shall require any person receiving support 
under title II to certify that the person, and any entity owned 
or controlled by the person, is in compliance with all United States 
sanctions laws and regulations. 
SEC. 1454. APPLICABILITY OF CERTAIN PROVISIONS OF LAW. 
Subsections (g), (l), (m), and (n) of section 237 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2197) shall apply with respect 
to the Corporation to the same extent and in the same manner 
as such subsections applied with respect to the Overseas Private 
Investment Corporation on the day before the date of the enactment 
of this Act. 
TITLE VI—TRANSITIONAL PROVISIONS 
SEC. 1461. DEFINITIONS. 
In this title: 
(1) AGENCY.—The term ‘‘agency’’ includes any entity, 
organizational unit, program, or function. 
(2) TRANSITION
PERIOD.—The term ‘‘transition period’’ 
means the period— 
(A) beginning on the date of the enactment of this 
Act; and 
(B) ending on the effective date of the reorganization 
plan required by section 1462(e).