CHAPTER 84 —MILLENNIUM CHALLENGE
§7701. Purposes
The purposes of this chapter are—
(1) to provide United States assistance for global development through the Millennium Challenge Corporation, as described in
(2) to provide such assistance in a manner that promotes economic growth and the elimination of extreme poverty and strengthens good governance, economic freedom, and investments in people.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this title", meaning title VI of
Statutory Notes and Related Subsidiaries
Short Title
§7702. Definitions
In this chapter:
(1) Appropriate congressional committees
The term "appropriate congressional committees" means—
(A) the Committee on International Relations and the Committee on Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
(2) Board
The term "Board" means the Board of Directors of the Corporation established pursuant to
(3) Candidate country
The term "candidate country" means a country that meets the requirements of
(4) Chief Executive Officer
The term "Chief Executive Officer" means the chief executive officer of the Corporation appointed pursuant to
(5) Compact
The term "Compact" means a Millennium Challenge Compact described in
(6) Corporation
The term "Corporation" means the Millennium Challenge Corporation established by
(7) Eligible country
The term "eligible country" means a candidate country that is determined, under
(8) Investments in the people
The term "investments in the people" means government policies or programs of an eligible country that promote the health, education, and other factors which contribute to the well-being and productivity of their people, such as decent, affordable housing for all.
(
Editorial Notes
References in Text
This chapter, referred to in text, was in the original "this title", meaning title VI of
Amendments
2004—Par. (8).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
§7703. Establishment and management of the Millennium Challenge Corporation
(a) Establishment
There is established in the executive branch a corporation to be known as the "Millennium Challenge Corporation" that shall be responsible for carrying out this chapter. The Corporation shall be a government corporation, as defined in
(b) Chief Executive Officer
(1) In general
There shall be in the Corporation a Chief Executive Officer who shall be responsible for the management of the Corporation.
(2) Appointment
(A) In general
Except as provided in subparagraph (B), the Chief Executive Officer shall be appointed by the President, by and with the advice and consent of the Senate.
(B) Interim CEO
The members of the Board of Directors described in subsection (c)(3)(A) may designate by unanimous consent in writing an individual who is an officer within any Federal department or agency (and who has been appointed to such position by the President, by and with the advice and consent of the Senate) to carry out the duties described in this subsection until the Chief Executive Officer is appointed pursuant to subparagraph (A).
(3) Relationship to Board
The Chief Executive Officer shall report to and be under the direct authority of the Board.
(4) Compensation and rank
(A) In general
The Chief Executive Officer shall be compensated at the rate provided for level II of the Executive Schedule under
(B) Omitted
(5) Authorities and duties
The Chief Executive Officer shall be responsible for the management of the Corporation and shall exercise the powers and discharge the duties of the Corporation.
(6) Authority to appoint officers
In consultation and with approval of the Board, the Chief Executive Officer shall appoint all officers of the Corporation.
(c) Board of Directors
(1) Establishment
There shall be in the Corporation a Board of Directors.
(2) Duties
The Board shall perform the functions specified to be carried out by the Board in this chapter and may prescribe, amend, and repeal bylaws, rules, regulations, and procedures governing the manner in which the business of the Corporation may be conducted and in which the powers granted to it by law may be exercised.
(3) Membership
The Board shall consist of—
(A) the Secretary of State, the Secretary of the Treasury, the Administrator of the United States Agency for International Development, the Chief Executive Officer of the Corporation, and the United States Trade Representative; and
(B) four other individuals with relevant international experience who shall be appointed by the President, by and with the advice and consent of the Senate, of which—
(i) one individual should be appointed from among a list of individuals submitted by the majority leader of the House of Representatives;
(ii) one individual should be appointed from among a list of individuals submitted by the minority leader of the House of Representatives;
(iii) one individual should be appointed from among a list of individuals submitted by the majority leader of the Senate; and
(iv) one individual should be appointed from among a list of individuals submitted by the minority leader of the Senate.
(4) Terms
(A) Officers of the Federal Government
Each member of the Board described in paragraph (3)(A) shall serve for a term that is concurrent with the term of service of the individual's position as an officer within the other Federal department or agency.
(B) Other members
Each member of the Board described in paragraph (3)(B)—
(i) shall be appointed for a term of 3 years;
(ii) may be reappointed for a term of an additional 2 years; and
(iii) may continue to serve in each such appointment until the earlier of—
(I) the date on which his or her successor is appointed; or
(II) the date that is 1 year after the expiration of his or her appointment or reappointment, as the case may be.
(C) Vacancies
A vacancy in the Board shall be filled in the manner in which the original appointment was made.
(5) Chairperson
There shall be a Chairperson of the Board. The Secretary of State shall serve as the Chairperson.
(6) Quorum
A majority of the members of the Board shall constitute a quorum, which, except with respect to a meeting of the Board during the 135-day period beginning on January 23, 2004, shall include at least one member of the Board described in paragraph (3)(B).
(7) Meetings
The Board shall meet at the call of the Chairperson.
(8) Compensation
(A) Officers of the Federal Government
(i) In general
A member of the Board described in paragraph (3)(A) may not receive additional pay, allowances, or benefits by reason of the member's service on the Board.
(ii) Travel expenses
Each such member of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of
(B) Other members
(i) In general
Except as provided in clause (ii), a member of the Board described in paragraph (3)(B)—
(I) shall be paid compensation out of funds made available for the purposes of this chapter at the daily equivalent of the highest rate payable under
(II) while away from the member's home or regular place of business on necessary travel in the actual performance of duties as a member of the Board, shall be paid per diem, travel, and transportation expenses in the same manner as is provided under subchapter I of
(ii) Limitation
A member of the Board may not be paid compensation under clause (i)(II) for more than 90 days in any calendar year.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (c)(2), (8)(B)(i)(I), was in the original "this title", meaning title VI of
Codification
Section is comprised of section 604 of div. D of
Amendments
2018—Subsec. (c)(4)(B).
§7704. Authorization of assistance
(a) Assistance
Notwithstanding any other provision of law (other than a provision of this chapter), the Board, acting through the Chief Executive Officer, is authorized to provide assistance under this section for each country that enters into a Millennium Challenge Compact with the United States pursuant to
(b) Form of assistance
Assistance under this section may be provided in the form of grants, cooperative agreements, or contracts to or with eligible entities described in subsection (c). Assistance under this section may not be provided in the form of loans.
(c) Eligible entities
An eligible entity referred to in subsection (b) is—
(1) the national government of the eligible country;
(2) regional or local governmental units of the country; or
(3) a nongovernmental organization or a private entity.
(d) Application
The Chief Executive Officer, in consultation with the Board and working with eligible countries selected by the Board for negotiation of Compacts, should develop and recommend procedures for considering solicited and unsolicited proposals in Compacts prior to an approval of the Compacts by the Board.
(e) Limitations
(1) Prohibition on military assistance and training
Assistance under this section may not include military assistance or military training for a country.
(2) Prohibition on assistance relating to United States job loss or production displacement
Assistance under this section may not be provided for any project that is likely to cause a substantial loss of United States jobs or a substantial displacement of United States production.
(3) Prohibition on assistance relating to environmental, health, or safety hazards
Assistance under this section may not be provided for any project that is likely to cause a significant environmental, health, or safety hazard.
(4) Prohibition on use of funds for abortions and involuntary sterilizations
The prohibitions on use of funds contained in paragraphs (1) through (3) of section 104(f) of the Foreign Assistance Act of 1961 (
(f) Coordination
The provision of assistance under this section shall be coordinated with other United States foreign assistance programs.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this title", meaning title VI of
The Foreign Assistance Act of 1961, referred to in subsec (e)(4), is
The provisos of
§7705. Candidate countries
(a) Low income countries
(1) Fiscal year 2004
A country shall be a candidate country for purposes of eligibility for assistance for fiscal year 2004 if—
(A) the country is eligible for assistance from the International Development Association, and the per capita income of the country is equal to or less than the historical ceiling of the International Development Association for that year, as defined by the International Bank for Reconstruction and Development; and
(B) subject to paragraph (4), the country is not ineligible to receive United States economic assistance under part I of the Foreign Assistance Act of 1961 [
(2) Fiscal years 2005 through 2012
A country shall be a candidate country for purposes of eligibility for assistance for each of fiscal years 2005 through 2012 if—
(A) the per capita income of the country is equal to or less than the historical ceiling of the International Development Association for the fiscal year involved, as defined by the International Bank for Reconstruction and Development; and
(B) the country meets the requirements of paragraph (1)(B).
(3) Fiscal year 2013 and subsequent fiscal years
A country shall be a candidate country for purposes of eligibility for assistance for fiscal year 2013 or a subsequent fiscal year if the country—
(A) has a per capita income not greater than the lower middle income country threshold established by the International Bank for Reconstruction and Development for such fiscal year;
(B) is among the 75 countries identified by the International Bank for Reconstruction and Development as having the lowest per capita income; and
(C) meets the requirements under paragraph (1)(B).
(4) Rule of construction
For the purposes of determining whether a country is eligible for receiving assistance under
(b) Lower middle income countries
(1) Fiscal years 2006 through 2012
In addition to countries described in subsection (a), a country shall be a candidate country for purposes of eligibility for assistance for fiscal years 2006 through 2012 if the country—
(A) is classified as a lower middle income country in the then most recent edition of the World Development Report for Reconstruction and Development published by the International Bank for Reconstruction and Development and has an income greater than the historical ceiling for International Development Association eligibility for the fiscal year involved; and
(B) meets the requirements of subsection (a)(1)(B).
(2) Fiscal year 2013 and subsequent fiscal years
In addition to the countries described in subsection (a), a country shall be a candidate country for purposes of eligibility for assistance for fiscal year 2013 or a subsequent fiscal year if the country—
(A) has a per capita income not greater than the lower middle income country threshold established by the International Bank for Reconstruction and Development for the fiscal year;
(B) is not among the 75 countries identified by the International Bank for Reconstruction and Development as having the lowest per capita income; and
(C) meets the requirements under subsection (a)(1)(B).
(3) Limitation
The total amount of assistance provided to countries described in paragraph (1) for fiscal year 2006 or any subsequent fiscal year may not exceed 25 percent of the total amount of assistance provided to all countries under
(c) Treatment of countries with per capita income changes
A country qualifying for candidate status under this section with a per capita income that changes during the fiscal year such that the country would be reclassified from a low income country to a lower middle income country or from a lower middle income country to a low income country shall retain its candidacy status in its former income classification for such fiscal year and the 2 subsequent fiscal years.
(d) Identification by the Board
The Board shall identify whether a country is a candidate country for purposes of this section.
(
Editorial Notes
References in Text
The Foreign Assistance Act of 1961, referred to in subsec. (a)(1)(B), is
Amendments
2018—Subsec. (a)(1)(B).
Subsec. (a)(2).
Subsec. (a)(3), (4).
Subsec. (b)(1).
Subsec. (b)(2), (3).
Subsecs. (c), (d).
§7706. Eligible countries
(a) Determination by the Board
The Board shall determine whether a candidate country is an eligible country for purposes of this section. Such determination shall be based, to the maximum extent possible, upon objective and quantifiable indicators of a country's demonstrated commitment to the criteria in subsection (b), and shall, where appropriate, take into account and assess the role of women and girls. A determination whether a country is eligible for a subsequent, non-concurrent Millennium Challenge Compact shall also be based, to the extent practicable, on significantly improved performance across the criteria in subsection (b) that, at a minimum, are relevant to the preceding Compact, compared to the country's performance with respect to such criteria when selected for such preceding Compact.
(b) Criteria
A candidate country should be considered to be an eligible country for purposes of this section if the Board determines that the country has demonstrated a commitment to—
(1) just and democratic governance, including a demonstrated commitment to—
(A) promote political pluralism, equality, and the rule of law;
(B) respect human and civil rights, including the rights of people with disabilities;
(C) protect private property rights;
(D) encourage transparency and accountability of government;
(E) combat corruption; and
(F) the quality of the civil society enabling environment;
(2) economic freedom, including a demonstrated commitment to economic policies that—
(A) encourage citizens and firms to participate in global trade and international capital markets;
(B) promote private sector growth;
(C) strengthen market forces in the economy; and
(D) respect worker rights, including the right to form labor unions; and
(3) investments in the people of such country, particularly women and children, including programs that—
(A) promote broad-based primary education;
(B) strengthen and build capacity to provide quality public health and reduce child mortality; and
(C) promote the protection of biodiversity and the transparent and sustainable management and use of natural resources.
(c) Selection by the Board
(1) In general
At the time the Board determines eligible countries under this section for a fiscal year, the Board shall select those eligible countries with respect to which the United States will initially seek to enter into a Millennium Challenge Compact pursuant to
(2) Factors
In selecting eligible countries under paragraph (1), the Board shall consider the following factors:
(A) The extent to which the country clearly meets or exceeds the eligibility criteria.
(B) The opportunity to reduce poverty and generate economic growth in the country.
(C) The availability of amounts to carry out this chapter.
(d) Reporting on treatment of civil society
For the 7-year period beginning on April 23, 2018, before the Board selects an eligible country for a Compact under subsection (c), the Corporation shall provide information to the Board regarding the country's treatment of civil society, including classified information, as appropriate. The information shall include an assessment and analysis of factors including—
(1) any relevant laws governing the formation or establishment of a civil society organization, particularly laws intended to curb the activities of foreign civil society organizations;
(2) any relevant laws governing the operations of a civil society organization, particularly those laws seeking to define or otherwise regulate the actions of foreign civil society organizations;
(3) laws relating to the legal status of civil society organizations, including laws which effectively discriminate against foreign civil society organizations as compared to similarly situated domestic organizations;
(4) laws regulating the freedom of expression and peaceful assembly; and
(5) laws regulating the usage of the Internet, particularly by foreign civil society organizations.
(e) Establishment of criteria and methodology
The criteria and methodology submitted by the Board to Congress and published in the Federal Register under
(f) Annual modification of criteria and methodology
As appropriate, the Board, acting through the Chief Executive Officer, shall review the eligibility criteria and methodology and modify such criteria and methodology in subsequent years consistent with
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (c)(2)(C), was in the original "this title", meaning title VI of
Amendments
2018—Subsec. (a).
Subsec. (b)(1)(F).
Subsecs. (d) to (f).
2007—Subsec. (b)(2)(B).
Subsec. (b)(3)(C).
§7707. Congressional and public notification of candidate countries, eligibility criteria, and eligible countries
(a) Identification of candidate countries
Not later than 90 days prior to the date on which the Board determines eligible countries under
(1) shall prepare and submit to the appropriate congressional committees a report that contains a list of all candidate countries identified under
(2) shall publish in the Federal Register the information contained in the report described in paragraph (1).
(b) Identification of eligibility criteria and methodology
Not later than 60 days prior to the date on which the Board determines eligible countries under
(1) shall prepare and submit to the appropriate congressional committees a report that contains a list of the criteria and methodology described in subsections (a) and (b) of
(2) shall publish in the Federal Register the information contained in the report described in paragraph (1); and
(3) may conduct one or more public hearings on the eligibility criteria and methodology.
(c) Public comment and congressional consultation
(1) Public comment
The Chief Executive Officer shall, for the 30-day period beginning on the date of publication in the Federal Register of the information contained in the report described in subsection (b)(1), accept public comment and consider such comment for purposes of determining eligible countries under
(2) Congressional consultation
The Chief Executive Officer shall consult with the appropriate congressional committees on the extent to which the candidate countries meet the criteria described in
(d) Identification of eligible countries
Not later than 5 days after the date on which the Board determines eligible countries under
(1) shall prepare and submit to the appropriate congressional committees a report that contains a list of all such eligible countries, an identification of those countries on such list with respect to which the Board will seek to enter into a Compact under
(2) shall publish in the Federal Register the information contained in the report described in paragraph (1).
(
§7708. Millennium Challenge Compact
(a) Compact
The Board, acting through the Chief Executive Officer of the Corporation, may provide assistance for an eligible country only if the country enters into an agreement with the United States, to be known as a "Millennium Challenge Compact", that establishes a multi-year plan for achieving shared development objectives in furtherance of the purposes of this chapter.
(b) Elements
(1) In general
The Compact should take into account the national development strategy of the eligible country and shall contain—
(A) the specific objectives that the country and the United States expect to achieve during the term of the Compact;
(B) the responsibilities of the country and the United States in the achievement of such objectives;
(C) regular benchmarks to measure, where appropriate, progress toward achieving such objectives;
(D) an identification of the intended beneficiaries, disaggregated by income level, gender, and age, to the maximum extent practicable;
(E) a multi-year financial plan, including the estimated amount of contributions by the Corporation and the country and proposed mechanisms to implement the plan and provide oversight, that describes how the requirements of subparagraphs (A) through (D) will be met, including identifying the role of civil society in the achievement of such requirements;
(F) where appropriate, a description of the current and potential participation of other donors in the achievement of such objectives;
(G) a plan to ensure appropriate fiscal accountability for the use of assistance provided under
(H) where appropriate, a process or processes for consideration of solicited proposals under the Compact as well as a process for consideration of unsolicited proposals by the Corporation and national, regional, or local units of government;
(I) a requirement that open, fair, and competitive procedures are used in a transparent manner in the administration of grants or cooperative agreements or the procurement of goods and services for the accomplishment of objectives under the Compact;
(J) the strategy of the eligible country to sustain progress made toward achieving such objectives after expiration of the Compact; and
(K) a description of the role of the United States Agency for International Development in any design, implementation, and monitoring of programs and activities funded under the Compact.
(2) Lower middle income countries
In addition to the elements described in subparagraphs (A) through (K) of paragraph (1), with respect to a lower middle income country described in
(3) Definition
In this subsection, the term "national development strategy" means any strategy to achieve market-driven economic growth and eliminate extreme poverty that has been developed by the government of the country in consultation with a wide variety of civic participation, including nongovernmental organizations, private and voluntary organizations, academia, women's and student organizations, local trade and labor unions, and the business community.
(c) Additional provision relating to prohibition on taxation
In addition to the elements described in subsection (c), each Compact shall contain a provision that states that assistance provided by the United States under the Compact shall be exempt from taxation by the government of the eligible country.
(d) Local input
In entering into a Compact, the United States shall seek to ensure that the government of an eligible country—
(1) takes into account the local-level perspectives of the rural and urban poor, including women, in the eligible country; and
(2) consults with private and voluntary organizations, the business community, and other donors in the eligible country.
(e) Consultation
During any discussions with a country for the purpose of entering into a Compact with the country, officials of the Corporation participating in such discussions shall, at a minimum, consult with appropriate officials of the United States Agency for International Development, particularly with those officials responsible for the appropriate region or country on development issues related to the Compact.
(f) Coordination with other donors
To the maximum extent feasible, activities undertaken to achieve the objectives of the Compact shall be undertaken in coordination with the assistance activities of other donors.
(g) Assistance for development of compact
Notwithstanding subsection (a), the Chief Executive Officer may enter into contracts or make grants for any eligible country for the purpose of facilitating the development and implementation of the Compact between the United States and the country.
(h) Requirement for approval by the Board
Each Compact shall be approved by the Board before the United States enters into the Compact.
(i) Increase or extension of assistance under a Compact
Not later than 15 days after making a determination to increase or extend assistance under a Compact with an eligible country, the Board, acting through the Chief Executive Officer—
(1) shall prepare and transmit to the appropriate congressional committees a written report and justification that contains a detailed summary of the proposed increase in or extension of assistance under the Compact and a copy of the full text of the amendment to the Compact; and
(2) shall publish a detailed summary, full text, and justification of the proposed increase in or extension of assistance under the Compact in the Federal Register and on the Internet website of the Corporation.
(j) Duration of Compact
The duration of a Compact shall not exceed 5 years.
(k) Concurrent Compacts
An eligible country that has entered into and has in effect a Compact under this section may enter into and have in effect at the same time not more than one additional Compact in accordance with the requirements of this chapter if—
(1) one or both of the Compacts are or will be for purposes of regional economic integration, increased regional trade, or cross-border collaborations; and
(2) the Board determines that the country is making considerable and demonstrable progress in implementing the terms of the existing Compact and supplementary agreements thereto.
(l) Subsequent Compacts
An eligible country and the United States may enter into one or more subsequent Compacts in accordance with the requirements of this chapter after the expiration of the existing Compact.
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a), (k), and (l), was in the original "this title", meaning title VI of
Amendments
2018—Subsecs. (k), (l).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
§7709. Congressional and public notification
(a) Congressional consultations and notifications
(1) In general
The Board, acting through the Chief Executive Officer, shall consult with and notify the appropriate congressional committees not later than 15 days before taking any of the actions described in paragraph (2).
(2) Actions described
The actions described in this paragraph are—
(A) providing assistance for an eligible country under
(B) commencing negotiations with an eligible country to provide assistance for—
(i) a Compact under
(ii) an agreement under
(C) signing such a Compact or agreement; and
(D) terminating assistance under such a Compact or agreement.
(3) Economic justification
Any notification relating to the intent to negotiate or sign a Compact shall include a report describing the projected economic justification for the Compact, including, as applicable—
(A) the expected economic rate of return of the Compact;
(B) a cost-benefit analysis of the Compact;
(C) a description of the impact on beneficiary populations;
(D) the likelihood that the investment will catalyze private sector investments; and
(E) any other applicable economic factors that justify each project to be funded under such a Compact to the extent practicable and appropriate.
(4) Risk management plan
Not later than 60 days before signing each concurrent Compact, as authorized under
(A) an assessment and, as appropriate, the identification of potential measures to mitigate risks, of—
(i) the countries' commitment to regional integration and cross-border cooperation and capacity to carry out commitments;
(ii) political and policy risks, including risks that could affect country eligibility;
(iii) risks associated with realizing economic returns;
(iv) time and completion risks; and
(v) cost and financial risks; and
(B) an assessment of measures to be taken to mitigate any identified risks, including—
(i) securing other potential donors to finance projects or parts of projects as needed; and
(ii) partnering with regional organizations to support and oversee effective cross-border cooperation.
(b) Congressional and public notification after entering into a Compact
Not later than 10 days after entering into a Compact with an eligible country, the Board, acting through the Chief Executive Officer, shall—
(1) publish the text of the Compact on the website of the Corporation;
(2) provide the appropriate congressional committees with a detailed summary of the Compact and, upon request, the text of the Compact; and
(3) publish in the Federal Register a detailed summary of the Compact and a notice of availability of the text of the Compact on the website of the Corporation.
(
Editorial Notes
Amendments
2018—
§7710. Suspension and termination of assistance
(a) Suspension and termination of assistance
After consultation with the Board, the Chief Executive Officer may suspend or terminate assistance in whole or in part for a country or entity under
(1) the country or entity is engaged in activities which are contrary to the national security interests of the United States;
(2) the country or entity has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the country or entity, as the case may be; or
(3) the country or entity has failed to adhere to its responsibilities under the Compact.
(b) Reinstatement
The Chief Executive Officer may reinstate assistance for a country or entity under
(c) Congressional notification
Not later than 3 days after the date on which the Chief Executive Officer suspends or terminates assistance under subsection (a) for a country or entity, or reinstates assistance under subsection (b) for a country or entity, the Chief Executive Officer shall submit to the appropriate congressional committees a report that contains the determination of the Chief Executive Officer under subsection (a) or subsection (b), as the case may be.
(d) Rule of construction
The authority to suspend or terminate assistance under this section includes the authority to suspend or terminate obligations and sub-obligations.
(
§7711. Disclosure
(a) Requirement for timely disclosure
Not later than 90 days after the last day of each fiscal quarter, the Corporation shall make available to the public the following information:
(1) For assistance provided under
(A) the name of each entity to which assistance is provided;
(B) the amount of assistance provided to the entity; and
(C) a description of the program or project, including—
(i) a description of whether the program or project was solicited or unsolicited; and
(ii) a detailed description of the objectives and measures for results of the program or project.
(2) For funds allocated or transferred under
(A) the name of each United States Government agency to which such funds are transferred or allocated;
(B) the amount of funds transferred or allocated to such agency; and
(C) a description of the program or project to be carried out by such agency with such funds.
(b) Dissemination
The Board, acting through the Chief Executive Officer, shall make the information required to be disclosed under subsection (a) available to the public—
(1) by publishing it on the website of the Corporation;
(2) by providing notice of the availability of such information in the Federal Register; and
(3) by any other methods that the Board determines to be appropriate.
(
Editorial Notes
Amendments
2018—Subsec. (a).
Subsec. (b).
§7712. Annual report
(a) Report
Not later than March 31, 2005, and each March 31 thereafter, the President shall submit to Congress a report on the assistance provided under
(b) Contents
The report shall include the following:
(1) The amount of obligations and expenditures for assistance provided to each eligible country during the prior fiscal year.
(2) For each eligible country, an assessment of—
(A) the progress made during each year by the country toward achieving the objectives set out in any Compact entered into by the country; and
(B) the extent to which assistance provided under
(3) A description of the coordination of assistance provided under
(4) A description of the coordination of assistance provided under
(5) Any other information the President considers relevant with respect to assistance provided under
(
Editorial Notes
Amendments
2018—Subsec. (b)(2)(A).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Executive Documents
Assignment of Function To Submit a Report Relating to Millennium Challenge Corporation Activities
Memorandum of President of the United States, Mar. 31, 2005, 70 F.R. 17195, provided:
Memorandum for the Secretary of State
Consistent with
The Secretary of State shall perform such function in a manner consistent with the President's constitutional authority to withhold information the disclosure of which could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive's constitutional duties. Heads of departments and agencies shall, to the extent permitted by law, furnish to the Secretary information the Secretary requests to perform such function, in the format and on the schedule specified by the Secretary.
Any reference in this memorandum to the provision of any Act shall be deemed to include references to any hereafter-enacted provision of law that is the same or substantially the same as such provision.
You are authorized and directed to publish this memorandum in the Federal Register.
George W. Bush.
§7713. Powers of the Corporation; related provisions
(a) Powers
The Corporation—
(1) shall have perpetual succession unless dissolved by a law enacted after January 23, 2004;
(2) may adopt, alter, and use a seal, which shall be judicially noticed;
(3) may make and perform such contracts, grants, and other agreements with any person or government however designated and wherever situated, as may be necessary for carrying out the functions of the Corporation;
(4) may determine and prescribe the manner in which its obligations shall be incurred and its expenses allowed and paid, including expenses for representation;
(5) may lease, purchase, or otherwise acquire, improve, and use such real property wherever situated, as may be necessary for carrying out the functions of the Corporation;
(6) may accept cash gifts or donations of services or of property (real, personal, or mixed), tangible or intangible, for the purpose of carrying out the provisions of this chapter;
(7) may use the United States mails in the same manner and on the same conditions as the executive departments;
(8) may contract with individuals for personal services, who shall not be considered Federal employees for any provision of law administered by the Office of Personnel Management;
(9) may hire or obtain passenger motor vehicles; and
(10) shall have such other powers as may be necessary and incident to carrying out this chapter.
(b) Principal office
The Corporation shall maintain its principal office in the metropolitan area of Washington, District of Columbia.
(c) Positions with foreign governments
When approved by the Chief Executive Officer, for purposes of implementing a Compact, employees of the Corporation (including individuals detailed to the Corporation) may accept and hold offices or positions to which no compensation is attached with governments or governmental agencies of foreign countries or with international organizations.
(d) Other authorities
Except to the extent inconsistent with the provisions of this chapter, the administrative authorities contained in the State Department Basic Authorities Act of 1956 (
(e) Applicability of Government Corporation Control Act
(1) In general
The Corporation shall be subject to
(2) Omitted
(f) Inspector General
(1) In general
The Inspector General of the United States Agency for International Development shall serve as Inspector General of the Corporation, and, in acting in such capacity, may conduct reviews, investigations, and inspections of all aspects of the operations and activities of the Corporation.
(2) Authority of the Board
In carrying out the responsibilities under this subsection, the Inspector General shall report to and be under the general supervision of the Board.
(3) Reimbursement and authorization of services
(A) Reimbursement
The Corporation shall reimburse the United States Agency for International Development for all expenses incurred by the Inspector General in connection with the Inspector General's responsibilities under this subsection.
(B) Authorization for services
Of the amount authorized to be appropriated under
(g) Special assistance
(1) In general
The Chief Executive Officer is authorized to contract with any nongovernmental organization (including a university, independent foundation, or other organization) in the United States or in a candidate country, and, where appropriate, directly with a governmental agency of any such country, that is undertaking research aimed at improving data related to eligibility criteria under this chapter with respect to the country.
(2) Funding
Of the amount authorized to be appropriated under
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a)(6), (10), (d), and (g)(1), was in the original "this title", meaning title VI of
The State Department Basic Authorities Act of 1956, referred to in subsec. (d), is act Aug. 1, 1956, ch. 841,
The Foreign Assistance Act of 1961, referred to in subsec. (d), is
Codification
Section is comprised of section 614 of div. D of
§7714. Coordination with United States Agency for International Development
(a) Requirement for coordination
The Chief Executive Officer shall consult with the Administrator of the United States Agency for International Development in order to coordinate the activities of the Corporation with the activities of the Agency.
(b) USAID programs
The Administrator of the United States Agency for International Development shall seek to ensure that appropriate programs of the Agency play a primary role in preparing candidate countries to become eligible countries.
(
§7715. Assistance to certain candidate countries
(a) Authorization
The Board, acting through the Chief Executive Officer, is authorized to provide assistance to a candidate country described in subsection (b) for the purpose of assisting such country to become an eligible country.
(b) Candidate country described
A candidate country referred to in subsection (a) is a candidate country that—
(1) satisfies the requirements contained in subsection (a) or (b) of
(2) demonstrates a significant commitment to meet the requirements of
(c) Administration
Assistance under this section may be provided through the United States Agency for International Development.
(d) Funding
(1) Limitation
Not more than 10 percent of the amounts made available to carry out this chapter for a fiscal year may be made available to carry out this section.
(2) Restriction relating to assistance
None of the funds authorized to carry out the purposes of this chapter shall be available for assistance under this section to a country that does not qualify as a candidate country under
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (d), was in the original "this Act", meaning title VI of
Amendments
2018—Subsec. (d).
2005—Subsec. (b)(1).
§7716. General personnel authorities
(a) Detail of personnel
Upon request of the Chief Executive Officer, the head of an agency may detail any employee of such agency to the Corporation on a reimbursable basis. Any employee so detailed remains, for the purpose of preserving such employee's allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed.
(b) Reemployment rights
(1) In general
An employee of an agency who is serving under a career or career conditional appointment (or the equivalent), and who, with the consent of the head of such agency, transfers to the Corporation, is entitled to be reemployed in such employee's former position or a position of like seniority, status, and pay in such agency, if such employee—
(A) is separated from the Corporation for any reason, other than misconduct, neglect of duty, or malfeasance; and
(B) applies for reemployment not later than 90 days after the date of separation from the Corporation.
(2) Specific rights
An employee who satisfies paragraph (1) is entitled to be reemployed (in accordance with such paragraph) within 30 days after applying for reemployment and, on reemployment, is entitled to at least the rate of basic pay to which such employee would have been entitled had such employee never transferred.
(c) Hiring authority
Of persons employed by the Corporation, not to exceed 30 persons may be appointed, compensated, or removed without regard to the civil service laws and regulations.
(d) Basic pay
The Chief Executive Officer may fix the rate of basic pay of employees of the Corporation without regard to the provisions of
(e) Definitions
In this section—
(1) the term "agency" means an executive agency, as defined by
(2) the term "detail" means the assignment or loan of an employee, without a change of position, from the agency by which such employee is employed to the Corporation.
(
§7717. Personnel outside the United States
(a) Assignment to United States embassies
An employee of the Corporation, including an individual detailed to or contracted by the Corporation, may be assigned to a United States diplomatic mission or consular post or a United States Agency for International Development field mission.
(b) Privileges and immunities
The Secretary of State shall seek to ensure that an employee of the Corporation, including an individual detailed to or contracted by the Corporation, and the members of the family of such employee, while the employee is performing duties in any country or place outside the United States, enjoy the privileges and immunities that are enjoyed by a member of the Foreign Service, or the family of a member of the Foreign Service, as appropriate, of comparable rank and salary of such employee, if such employee or a member of the family of such employee is not a national of or permanently resident in such country or place.
(c) Responsibility of chief of mission
An employee of the Corporation, including an individual detailed to or contracted by the Corporation, and a member of the family of such employee, shall be subject to
(
§7718. Authorization of appropriations
(a) Authorization of appropriations
There are authorized to be appropriated to carry out this chapter such sums as may be necessary for each of the fiscal years 2004 and 2005.
(b) Allocation of funds
(1) In general
The Corporation may allocate or transfer to any agency of the United States Government any of the funds available for carrying out this chapter. Such funds shall be available for obligation and expenditure for the purposes for which the funds were authorized, in accordance with authority granted in this chapter or under authority governing the activities of the United States Government agency to which such funds are allocated or transferred.
(2) Notification
The Corporation shall notify the appropriate congressional committees not less than 15 days prior to an allocation or transfer of funds pursuant to paragraph (1).
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a) and (b)(1), was in the original "this title", meaning title VI of