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

Page 2000 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7704 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 Pub. L. 108–199, div. D, Jan. 23, 2004, 118 Stat. 211, which is classified generally to this chapter. For complete classification of this title to the Code, see Short Title note set out under section 7701 of this title and Tables. CODIFICATION Section is comprised of section 604 of div. D of Pub. L. 108–199. Subsec. (b)(4)(B) of section 604 of div. D of Pub. L. 108–199 amended section 5313 of Title 5, Govern- ment Organization and Employees. AMENDMENTS 2018—Subsec. (c)(4)(B). Pub. L. 115–167 amended sub- par. (B) generally. Prior to amendment, text read as follows: ‘‘Each member of the Board described in para- graph (3)(B) shall be appointed for a term of 3 years and may be reappointed for a term of an additional 2 years.’’ § 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 Offi- cer, 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 to support policies and programs that advance the progress of the country in achieving lasting eco- nomic 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 de- scribed 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 pri- vate entity. (d) Application The Chief Executive Officer, in consultation with the Board and working with eligible coun- tries selected by the Board for negotiation of Compacts, should develop and recommend proce- dures 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 in- clude 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 pro- duction. (3) Prohibition on assistance relating to envi- ronmental, 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)–(3)) shall apply to funds made avail- able to carry out this section to the same ex- tent and in the same manner as such prohibi- tions apply to funds made available to carry out part I of such Act [22 U.S.C. 2151 et seq.]. The prohibition on use of funds contained in any provision of law comparable to the elev- enth and fourteenth provisos under the head- ing ‘‘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. (Pub. L. 108–199, div. D, title VI, § 605, Jan. 23, 2004, 118 Stat. 214.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this title’’, meaning title VI of Pub. L. 108–199, div. D, Jan. 23, 2004, 118 Stat. 211, which is clas- sified generally to this chapter. For complete classi- fication of this title to the Code, see Short Title note set out under section 7701 of this title and Tables. The Foreign Assistance Act of 1961, referred to in sub- sec (e)(4), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Part I of the Act is classified generally to subchapter I (§ 2151 et seq.) of chapter 32 of this title. For provi- sions deeming references to subchapter I to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of chapter 32, see sec- tion 202(b) of Pub. L. 92–226, set out as a note under sec- tion 2346 of this title, and sections 2348c and 2349aa–5 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. The provisos of Public Law 108–7, referred to in sub- sec. (e)(4), are contained in Pub. L. 108–7, div. E, title II, Feb. 20, 2003, 117 Stat. 162, and are not classified to the Code. § 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 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 Inter- national Bank for Reconstruction and Devel- opment graduation process for the fiscal year; and Page 2001 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7706 (2) subject to subsection (b), the country is not ineligible to receive United States eco- nomic assistance under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) by reason of the application of any provision of the Foreign Assistance Act of 1961 [22 U.S.C. 2151 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, the exercise by the President, the Sec- retary 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 ap- propriate congressional committees in accord- ance with such provision of law, shall be con- strued as satisfying the requirements under sub- section (a). (c) Determination by the Board The Board shall determine whether a country is a candidate country for purposes of this sec- tion. (Pub. L. 108–199, div. D, title VI, § 606, Jan. 23, 2004, 118 Stat. 215; Pub. L. 115–167, title II, § 201, Apr. 23, 2018, 132 Stat. 1278; Pub. L. 118–159, div. E, title LI, § 5122(b), Dec. 23, 2024, 138 Stat. 2430.) Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (a)(2), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. Part I of the Act is classified gen- erally to subchapter I (§ 2151 et seq.) of chapter 32 of this title. For provisions deeming references to sub- chapter I to include parts IV (§ 2346 et seq.), VI (§ 2348 et seq.), and VIII (§ 2349aa et seq.) of subchapter II of chap- ter 32, see section 202(b) of Pub. L. 92–226, set out as a note under section 2346 of this title, and sections 2348c and 2349aa–5 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. AMENDMENTS 2024—Pub. L. 118–159 amended section generally. Prior to amendment, section related to candidate countries for purposes of eligibility for assistance. 2018—Subsec. (a)(1)(B). Pub. L. 115–167, § 201(a)(1), sub- stituted ‘‘(4)’’ for ‘‘(3)’’. Subsec. (a)(2). Pub. L. 115–167, § 201(a)(2), substituted ‘‘Fiscal years 2005 through 2012’’ for ‘‘Fiscal year 2005 and subsequent fiscal years’’ in heading and ‘‘each of fiscal years 2005 through 2012’’ for ‘‘fiscal year 2005 or a subsequent fiscal year’’ in introductory provisions. Subsec. (a)(3), (4). Pub. L. 115–167, § 201(a)(3), (4), added par. (3) and redesignated former par. (3) as (4). Subsec. (b)(1). Pub. L. 115–167, § 201(b)(1), substituted ‘‘Fiscal years 2006 through 2012’’ for ‘‘In general’’ in heading and ‘‘fiscal years 2006 through 2012’’ for ‘‘fiscal year 2006 or a subsequent fiscal year’’ in introductory provisions. Subsec. (b)(2), (3). Pub. L. 115–167, § 201(b)(2), (3), added par. (2) and redesignated former par. (2) as (3). Subsecs. (c), (d). Pub. L. 115–167, § 201(c), added subsec. (c) and redesignated former subsec. (c) as (d). § 7706. Eligible countries (a) Determination by the Board The Board shall determine whether a can- didate country is an eligible country for pur- poses of this section. Such determination shall be based, to the maximum extent possible, upon objective and quantifiable indicators of a coun- try’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 Mil- lennium Challenge Compact shall also be based, to the extent practicable, on significantly im- proved performance across the criteria in sub- section (b) that, at a minimum, are relevant to the preceding Compact, compared to the coun- try’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 sec- tion if the Board determines that the country has demonstrated a commitment to— (1) just and democratic governance, includ- ing a demonstrated commitment to— (A) promote political pluralism, equality, and the rule of law; (B) respect human and civil rights, includ- ing the rights of people with disabilities; (C) protect private property rights; (D) encourage transparency and account- ability of government; (E) combat corruption; and (F) the quality of the civil society ena- bling environment; (2) economic freedom, including a dem- onstrated commitment to economic policies that— (A) encourage citizens and firms to partici- pate in global trade and international cap- ital markets; (B) promote private sector growth; (C) strengthen market forces in the econ- omy; and (D) respect worker rights, including the right to form labor unions; and (3) investments in the people of such coun- try, particularly women and children, includ- ing programs that— (A) promote broad-based primary edu- cation; (B) strengthen and build capacity to pro- vide quality public health and reduce child mortality; and (C) promote the protection of biodiversity and the transparent and sustainable man- agement 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 Chal- lenge Compact pursuant to section 7708 of this title. (2) Factors In selecting eligible countries under para- graph (1), the Board shall prioritize need and impact by considering the following factors: (A) The extent to which the country clear- ly meets or exceeds the eligibility criteria.