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22 U.S.C. § 7704 — Authorization of assistance

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7704 — Authorization of assistance

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Stable record: federal_law:legal_authorities:record_usc_7608911c675fda19e8f4b99b
Source file: Laws/federal/codes/united-states-code/title-22/section-7704-authorization-of-assistance--a02f41b4cf.md
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Source location: Title 22, Chapter 84, § 7704; chapter-084-millennium-challenge.md

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**(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 [section 7708 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7708&num=0&edition=prelim) to support policies and programs that advance the progress of the country in achieving lasting economic growth and poverty reduction and are in furtherance of the purposes of this chapter. **(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 ([22 U.S.C. 2151b(f)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151b/f/1&num=0&edition=prelim)–(3)) shall apply to funds made available to carry out this section to the same extent and in the same manner as such prohibitions apply to funds made available to carry out part I of such Act [[22 U.S.C. 2151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) et seq.]. The prohibition on use of funds contained in any provision of law comparable to the eleventh and fourteenth provisos under the heading “Child Survival and Health Programs Fund” of division E of Public Law 108–7 (117 Stat. 162) shall apply to funds made available to carry out this section for fiscal year 2004. **(f) Coordination** The provision of assistance under this section shall be coordinated with other United States foreign assistance programs.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 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 [section 7704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7704&num=0&edition=prelim); (H) where appropriate, a process or processes for consideration of so

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7708

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 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 [section 7703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7703&num=0&edition=prelim); and (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.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2151 — Congressional findings and declaration of policy

(a) United States development cooperation policy

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2151

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2346 — Authority

**(a) Policy requirements for assistance** The Congress recognizes that, under special economic, political, or security conditions, the national interests of the United States may require economic support for countries or in amounts which could not be justified solely under part I of subchapter I of this chapter or, in the case of countries in sub-Saharan Africa, part X of subchapter I of this chapter. In such cases, the President is authorized to furnish assistance to countries and organizations, on such terms and conditions as he may determine, in order to promote economic or political stability. To the maximum extent feasible, the President shall provide assistance under this part consistent with the policy directions, purposes, and programs of subchapter I of this chapter. **(b) Responsibility for policy decisions and justifications** The Secretary of State shall be responsible for policy decisions and justifications for economic support programs under this part, including determinations of whether there will be an economic support program for a country and the amount of the program for each country. The Secretary shall exercise this responsibility in cooperation with the Administrator of the agency primarily responsible for administering subchapter I of this chapter. **(c) Detailed justification for uses and purposes of funds** As part of the annual presentation materials for foreign assistance submitted to the Congress, the agency primarily responsible for administering subchapter II of this chapter shall provide a detailed justification for the uses and the purposes of the funds provided under this part. Such material shall include, but not be limited to, information concerning the amounts and kinds of cash grant transfers, the amounts and kinds of budgetary an

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2346

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 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 [section 7703(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7703/c&num=0&edition=prelim). (3) **Candidate country** — The term “candidate country” means a country that meets the requirements of [section 7705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7705&num=0&edition=prelim). (4) **Chief Executive Officer** — The term “Chief Executive Officer” means the chief executive officer of the Corporation appointed pursuant to [section 7703(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7703/b&num=0&edition=prelim). (5) **Compact** — The term “Compact” means a Millennium Challenge Compact described in [section 7708 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7708&num=0&edition=prelim). (6) **Corporation** — The term “Corporation” means the Millennium Challenge Corporation established by [section 7703(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7703/a&num=0&edition=prelim). (7) **Eligible country** — The term “eligible country” means a candidate country that is determined, under [section 7706 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7706&num=0&edition=prelim

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7702

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7705 — Candidate countries

**(a) In general** A country shall be a candidate country for purposes of eligibility to receive assistance under [section 7704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7704&num=0&edition=prelim) if— (1) the per capita income of the country in a fiscal year is equal to or less than the World Bank threshold for initiating the International Bank for Reconstruction and Development graduation process for the fiscal year; and (2) subject to subsection (b), the country is not ineligible to receive United States economic assistance under part I of the Foreign Assistance Act of 1961 ([22 U.S.C. 2151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) et seq.) by reason of the application of any provision of the Foreign Assistance Act of 1961 [[22 U.S.C. 2151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2151&num=0&edition=prelim) et seq.] or any other provision of law. **(b) Rule of construction** For the purposes of determining whether a country is eligible, pursuant to subsection (a)(2), to receive assistance under [section 7704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7704&num=0&edition=prelim), the exercise by the President, the Secretary of State, or any other officer or employee of the United States Government of any waiver or suspension of any provision of law referred to in subsection (a)(2), and notification to the appropriate congressional committees in accordance with such provision of law, shall be construed as satisfying the requirements under subsection (a). **(c) Determination by the Board** The Board shall determine whether a country is a candidate country for purposes of this s

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7705

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 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 [section 7708(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7708/g&num=0&edition=prelim); (B) commencing negotiations with an eligible country to provide assistance for— (i) a Compact under [section 7704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7704&num=0&edition=prelim); or (ii) an agreement under [section 7715 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7715&num=0&edition=prelim); (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 au

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7709

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 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 [section 7704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7704&num=0&edition=prelim) if the Chief Executive Officer determines that— (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 [section 7704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7704&num=0&edition=prelim) only if the Chief Executive Officer determines that the country or entity has demonstrated a commitment to correcting each condition for which assistance was suspended or terminated under subsection (a). **(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7710

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 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 [section 7704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7704&num=0&edition=prelim)— (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 [section 7718(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7718/b&num=0&edition=prelim)— (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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7711

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 7712 — Annual report

**(a) Report** Not later than the third Friday of December of each year, the Chief Executive Officer shall submit a report to Congress describing the assistance provided pursuant to [section 7704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7704&num=0&edition=prelim) during the most recently concluded fiscal year. **(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 [section 7704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7704&num=0&edition=prelim) has been effective in helping the country to achieve such objectives. (3) A description of the coordination of assistance provided under [section 7704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7704&num=0&edition=prelim) with other United States foreign assistance and related trade policies. (4) A description of the coordination of assistance provided under [section 7704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7704&num=0&edition=prelim) with assistance provided by other donor countries. (5) Any other information the President considers relevant with respect to assistance provided under [section 7704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section7704&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 7712

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