Sec. 8712. Less developed country focus
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Section 1412 of the Better Utilization of Investments Leading to Development Act of 2018 ( 22 U.S.C. 9612 ) is amended— in subsection (b), in the first sentence— by striking and countries in transition from nonmarket to market economies and inserting countries in transition from nonmarket to market economies, and other eligible foreign countries ; and by inserting and national security after foreign policy ; and by striking subsection
(c)and inserting the following: The Corporation shall prioritize the provision of support under title II in less developed countries. The Corporation may provide support for a project under title II in an advancing income country if, before providing such support, the Chief Executive Officer certifies in writing to the appropriate congressional committees, that such support will be provided in accordance with the policy established pursuant to subsection (d)(2). Such certification may be included as an appendix to the report required by section 1446. The Corporation may provide support for a project under title II in a high-income country if, before providing such support, the Chief Executive Officer certifies in writing to the appropriate congressional committees that such support will be provided in accordance with the policy established pursuant to subsection (d)(3). Such certification may be included as an appendix to the report required by section 1446. Not later than 120 days after the date of the enactment of the DFC Modernization and Reauthorization Act of 2025 , and annually thereafter, the Corporation shall submit to the appropriate congressional committees a report, which may be submitted in classified or confidential form, that includes— a list of all high-income countries in which the Corporation anticipates providing support in the subsequent fiscal year (and, with respect to the first such report, the then-current fiscal year); and to the extent practicable, a description of the type of projects anticipated to receive such support. The Corporation may not provide support for a project in a high-income country in any year for which that high-income country is not included on the list required by subparagraph (B)(i), unless, not later than 15 days before commitment, the Corporation consults with and submits to the appropriate congressional committees a notification describing how the proposed project advances the foreign policy interests of the United States. Projects previously approved by the Corporation shall remain eligible for support notwithstanding any change in the income classification of the country. The Board shall establish policies, which shall be applied on a project-by-project basis, to evaluate and determine the strategic merits of providing support for projects and investments in advancing income countries and high-income countries. Any policy used to evaluate and determine the strategic merits of providing support for projects in an advancing income country shall require that such projects— advance— the national security interests of the United States in accordance with United States foreign policy, as determined by the Secretary of State; or significant strategic economic competitiveness imperatives; are designed in a manner to produce significant developmental outcomes or provide developmental impacts to the poorest populations of such country; and are structured in a manner that maximizes private capital mobilization. Any policy used to evaluate and determine the strategic merits of providing support for projects in high-income countries shall require that— each such project meets the requirements described in paragraph (2); with respect to each project in a high-income country— private sector entities have been afforded an opportunity to support the project on viable terms in place of support by the Corporation; and such support by the Corporation does not exceed 25 percent of the total cost of the project; with respect to support for all projects in all high-income countries, the aggregate amount of such support does not exceed 10 percent of the total contingent liability authorized by section 1433; and the Chief Executive Officer submit to the appropriate congressional committees a report, which may be submitted as an appendix to a report required by section 1446, that— certifies that the Corporation has applied the policy to each supported project in a high-income country; and describes whether such support— is a preferred alternative to state-directed investments by a foreign country of concern; or otherwise furthers the strategic interest of the United States to counter or limit the influence of foreign countries of concern. The Corporation shall not provide support for a project in— a country of concern; or a wealthy country, except to the extent permitted pursuant to subsection (f). Subject to the requirements in subsection (d)(3), the restriction in subsection (e)(2) shall not apply to projects in the following sectors: Energy. Critical minerals and rare earths. Information and communications technology, including undersea cables. It is the sense of Congress that— the Corporation should continuously operate in a manner that advances its core mission and purposes, as described in this title; and resources of the Corporation should not be diverted for domestic or other activities extending beyond the scope of such mission and purpose. .
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Sec. 8712
Less developed country focus
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