22 U.S.C. § 7703 — Establishment and management of the

Page 1998 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7702 Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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 below and Ta- bles. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2024 AMENDMENT Pub. L. 118–159, div. E, title LI, § 5122(a), Dec. 23, 2024, 138 Stat. 2430, provided that: ‘‘This section [amending sections 7705 to 7708, 7712, and 7715 of this title] may be cited as the ‘Millennium Challenge Corporation Can- didate Country Reform Act’.’’ SHORT TITLE Pub. L. 108–199, div. D, title VI, § 601, Jan. 23, 2004, 118 Stat. 211, provided that: ‘‘This title [enacting this chap- ter and amending section 5313 of Title 5, Government Organizations and Employees, and section 9101 of Title 31, Money and Finance] may be cited as the ‘Millen- nium Challenge Act of 2003’.’’ § 7702. Definitions In this chapter: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means— (A) the Committee on International Rela- tions 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 Direc- tors of the Corporation established pursuant to section 7703(c) of this title. (3) Candidate country The term ‘‘candidate country’’ means a country that meets the requirements of sec- tion 7705 of this title. (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. (5) Compact The term ‘‘Compact’’ means a Millennium Challenge Compact described in section 7708 of this title. (6) Corporation The term ‘‘Corporation’’ means the Millen- nium Challenge Corporation established by section 7703(a) of this title. (7) Eligible country The term ‘‘eligible country’’ means a can- didate country that is determined, under sec- tion 7706 of this title, to be an eligible country to receive assistance under section 7704 of this title. (8) Investments in the people The term ‘‘investments in the people’’ means government policies or programs of an eligible country that promote the health, edu- cation, and other factors which contribute to the well-being and productivity of their peo- ple, such as decent, affordable housing for all. (Pub. L. 108–199, div. D, title VI, § 603, Jan. 23, 2004, 118 Stat. 211; Pub. L. 108–447, div. D, title V, § 534(q), Dec. 8, 2004, 118 Stat. 3008.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, 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. AMENDMENTS 2004—Par. (8). Pub. L. 108–447 added par. (8). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs 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 section 103 of title 5. (b) Chief Executive Officer (1) In general There shall be in the Corporation a Chief Ex- ecutive 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 ap- pointed by the President, by and with the advice and consent of the Senate. (B) Interim CEO The members of the Board of Directors de- scribed in subsection (c)(3)(A) may designate by unanimous consent in writing an indi- vidual who is an officer within any Federal department or agency (and who has been ap- pointed to such position by the President, by and with the advice and consent of the Sen- ate) 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 com- pensated at the rate provided for level II of Page 1999 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7703 the Executive Schedule under section 5313 of title 5 and shall have the equivalent rank of Deputy Secretary. (B) Omitted (5) Authorities and duties The Chief Executive Officer shall be respon- sible 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 ap- point 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 speci- fied to be carried out by the Board in this chapter and may prescribe, amend, and repeal bylaws, rules, regulations, and procedures gov- erning the manner in which the business of the Corporation may be conducted and in which the powers granted to it by law may be exer- cised. (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 De- velopment, 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 ap- pointed 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 suc- cessor is appointed; or (II) the date that is 1 year after the ex- piration of his or her appointment or re- appointment, as the case may be. (C) Vacancies A vacancy in the Board shall be filled in the manner in which the original appoint- ment 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 addi- tional pay, allowances, or benefits by rea- son of the member’s service on the Board. (ii) Travel expenses Each such member of the Board shall re- ceive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5. (B) Other members (i) In general Except as provided in clause (ii), a mem- ber 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 section 5332 of title 5 for each day (including travel time) during which the member is engaged in the actual performance of du- ties as a member of the Board; and (II) while away from the member’s home or regular place of business on nec- essary travel in the actual performance of duties as a member of the Board, shall be paid per diem, travel, and transpor- tation expenses in the same manner as is provided under subchapter I of chapter 57 of title 5. (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. (Pub. L. 108–199, div. D, title VI, § 604, Jan. 23, 2004, 118 Stat. 212; Pub. L. 115–167, title II, § 202, Apr. 23, 2018, 132 Stat. 1279.) 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