22 U.S.C. § 7713 — Powers of the Corporation; related provi-

Page 2006 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7712 (B) the amount of funds transferred or al- located 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 de- termines to be appropriate. (Pub. L. 108–199, div. D, title VI, § 612, Jan. 23, 2004, 118 Stat. 221; Pub. L. 115–167, title II, § 206, Apr. 23, 2018, 132 Stat. 1282.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–167, § 206(a), in heading, inserted ‘‘timely’’ before ‘‘disclosure’’, and in introduc- tory provisions, substituted ‘‘Not later than 90 days after the last day of each fiscal quarter, the Corpora- tion’’ for ‘‘The Corporation’’ and struck out ‘‘on at least a quarterly basis,’’ after ‘‘public’’. Subsec. (b). Pub. L. 115–167, § 206(b), amended subsec. (b) generally. Prior to amendment, text read as follows: ‘‘The information required to be disclosed under sub- section (a) shall be made available to the public by means of publication in the Federal Register and on the Internet website of the Corporation, as well as by any other methods that the Board determines appropriate.’’ § 7712. Annual report (a) Report Not later than the third Friday of December of each year, the Chief Executive Officer shall sub- mit a report to Congress describing the assist- ance provided pursuant to section 7704 of this title during the most recently concluded fiscal year. (b) Contents The report shall include the following: (1) The amount of obligations and expendi- tures 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 pro- vided under section 7704 of this title has been effective in helping the country to achieve such objectives. (3) A description of the coordination of as- sistance provided under section 7704 of this title with other United States foreign assist- ance and related trade policies. (4) A description of the coordination of as- sistance provided under section 7704 of this title with assistance provided by other donor countries. (5) Any other information the President con- siders relevant with respect to assistance pro- vided under section 7704 of this title. (Pub. L. 108–199, div. D, title VI, § 613, Jan. 23, 2004, 118 Stat. 221; Pub. L. 115–167, title II, § 204(b), Apr. 23, 2018, 132 Stat. 1280; Pub. L. 118–159, div. E, title LI, § 5122(e), Dec. 23, 2024, 138 Stat. 2431.) Editorial Notes AMENDMENTS 2024—Subsec. (a). Pub. L. 118–159 amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘Not later than March 31, 2005, and each March 31 thereafter, the President shall submit to Congress a re- port on the assistance provided under section 7704 of this title during the prior fiscal year.’’ 2018—Subsec. (b)(2)(A). Pub. L. 115–167 substituted ‘‘any Compact’’ for ‘‘the Compact’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–167 applicable to Com- pacts entered into between the United States and an el- igible country under this chapter before, on, or after Apr. 23, 2018, see section 204(c) of Pub. L. 115–167, set out as a note under section 7708 of this title. Executive Documents ASSIGNMENT OF FUNCTION TO SUBMIT A REPORT RELAT- ING TO MILLENNIUM CHALLENGE CORPORATION ACTIVI- TIES Memorandum of President of the United States, Mar. 31, 2005, 70 F.R. 17195, provided: Memorandum for the Secretary of State Consistent with section 301 of title 3, United States Code, the function of the President under section 613 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004 (Division D of Pub- lic Law 108–199) [22 U.S.C. 7712] is assigned to the Sec- retary of State. The Secretary of State shall perform such function in a manner consistent with the President’s constitu- tional authority to withhold information the disclosure of which could impair foreign relations, national secu- rity, 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 provi- sions (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 wher- ever situated, as may be necessary for car- rying out the functions of the Corporation; (4) may determine and prescribe the manner in which its obligations shall be incurred and Page 2007 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7713 its expenses allowed and paid, including ex- penses for representation; (5) may lease, purchase, or otherwise ac- quire, 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 per- sonal services, who shall not be considered Federal employees for any provision of law ad- ministered by the Office of Personnel Manage- ment; (9) may hire or obtain passenger motor vehi- cles; 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, em- ployees of the Corporation (including individ- uals detailed to the Corporation) may accept and hold offices or positions to which no com- pensation is attached with governments or gov- ernmental 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 (22 U.S.C. 2651a et seq.) and the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) shall apply to the implemen- tation of this chapter to the same extent and in the same manner as such authorities apply to the implementation of those Acts. (e) Applicability of Government Corporation Control Act (1) In general The Corporation shall be subject to chapter 91 of subtitle VI of title 31, except that the Corporation shall not be authorized to issue obligations or offer obligations to the public. (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 re- port to and be under the general supervision of the Board. (3) Reimbursement and authorization of serv- ices (A) Reimbursement The Corporation shall reimburse the United States Agency for International De- velopment for all expenses incurred by the Inspector General in connection with the In- spector General’s responsibilities under this subsection. (B) Authorization for services Of the amount authorized to be appro- priated under section 7718(a) of this title for a fiscal year, up to $5,000,000 is authorized to be made available to the Inspector General of the United States Agency for Inter- national Development to conduct reviews, investigations, and inspections of operations and activities of the Corporation. (g) Special assistance (1) In general The Chief Executive Officer is authorized to contract with any nongovernmental organiza- tion (including a university, independent foun- dation, 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 under- taking research aimed at improving data re- lated to eligibility criteria under this chapter with respect to the country. (2) Funding Of the amount authorized to be appropriated under section 7718(a) of this title for a fiscal year, up to $5,000,000 is authorized to be made available to carry out paragraph (1). (Pub. L. 108–199, div. D, title VI, § 614, Jan. 23, 2004, 118 Stat. 222.) 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 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. The State Department Basic Authorities Act of 1956, referred to in subsec. (d), is act Aug. 1, 1956, ch. 841, 70 Stat. 890. For complete classification of this Act to the Code, see Short Title note set out under section 2651 of this title and Tables. The Foreign Assistance Act of 1961, referred to in sub- sec. (d), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, which is classified principally to chapter 32 (§ 2151 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 2151 of this title and Tables. CODIFICATION Section is comprised of section 614 of div. D of Pub. L. 108–199. Subsec. (e)(2) of section 614 of div. D of Pub. L. 108–199 amended section 9101 of Title 31, Money and Finance. Page 2008 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7714 § 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 co- ordinate the activities of the Corporation with the activities of the Agency. (b) USAID programs The Administrator of the United States Agen- cy for International Development shall seek to ensure that appropriate programs of the Agency play a primary role in preparing candidate coun- tries to become eligible countries. (Pub. L. 108–199, div. D, title VI, § 615, Jan. 23, 2004, 118 Stat. 224.) § 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 section 7705(a) of this title; and (2) demonstrates a significant commitment to meet the requirements of section 7706(b) of this title but fails to meet such requirements (including by reason of the absence or unreliability of data). (c) Administration Assistance under this section may be provided through the United States Agency for Inter- national 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 section 7705 of this title for the fiscal year during which such assistance is provided. (Pub. L. 108–199, div. D, title VI, § 616, Jan. 23, 2004, 118 Stat. 224; Pub. L. 109–13, div. A, title II, § 2109, May 11, 2005, 119 Stat. 268; Pub. L. 115–167, title II, § 207, Apr. 23, 2018, 132 Stat. 1282; Pub. L. 118–159, div. E, title LI, § 5122(c)(3), Dec. 23, 2024, 138 Stat. 2431.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (d), was in the original ‘‘this Act’’, meaning title VI of Pub. L. 108–199, div. D, Jan. 23, 2004, 118 Stat. 211, known as the Millen- nium Challenge Act of 2003, which is classified gen- erally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 7701 of this title and Tables. AMENDMENTS 2024—Subsec. (b)(1). Pub. L. 118–159 substituted ‘‘sec- tion 7705(a)’’ for ‘‘subsection (a) or (b) of section 7705’’. 2018—Subsec. (d). Pub. L. 115–167 amended subsec. (d) generally. Prior to amendment, text read as follows: ‘‘Not more than 10 percent of the amount appropriated pursuant to the authorization of appropriations under section 7718(a) of this title for fiscal year 2004 is author- ized to be made available to carry out this section.’’ 2005—Subsec. (b)(1). Pub. L. 109–13 substituted ‘‘sub- section (a) or (b) of section 7705’’ for ‘‘subparagraphs (A) and (B) of section 7705(a)(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 reim- bursable basis. Any employee so detailed re- mains, for the purpose of preserving such em- ployee’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 appoint- ment (or the equivalent), and who, with the consent of the head of such agency, transfers to the Corporation, is entitled to be reem- ployed 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, com- pensated, 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 with- out regard to the provisions of chapter 51 of title 5 (relating to the classification of positions), subchapter III of chapter 53 of such title (relat- ing to General Schedule pay rates), except that no employee of the Corporation may receive a rate of basic pay that exceeds the rate for level II of the Executive Schedule under section 5313 of such title. (e) Definitions In this section—