22 U.S.C. § 7706 — Eligible countries

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. Page 2002 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7707 (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 Corpora- tion shall provide information to the Board re- garding 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 forma- tion or establishment of a civil society organi- zation, particularly laws intended to curb the activities of foreign civil society organiza- tions; (2) any relevant laws governing the oper- ations of a civil society organization, particu- larly those laws seeking to define or otherwise regulate the actions of foreign civil society or- ganizations; (3) laws relating to the legal status of civil society organizations, including laws which ef- fectively discriminate against foreign civil so- ciety 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 organiza- tions. (e) Establishment of criteria and methodology The criteria and methodology submitted by the Board to Congress and published in the Fed- eral Register under section 7707(b)(2) of this title with respect to a fiscal year shall remain fixed for purposes of eligibility determinations for such year. (f) Annual modification of criteria and method- ology As appropriate, the Board, acting through the Chief Executive Officer, shall review the eligi- bility criteria and methodology and modify such criteria and methodology in subsequent years consistent with section 7707(b) of this title. (Pub. L. 108–199, div. D, title VI, § 607, Jan. 23, 2004, 118 Stat. 216; Pub. L. 110–161, div. J, title VI, § 699I(a), Dec. 26, 2007, 121 Stat. 2372; Pub. L. 115–167, title II, § 203, Apr. 23, 2018, 132 Stat. 1279; Pub. L. 118–159, div. E, title LI, § 5122(d), Dec. 23, 2024, 138 Stat. 2431.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c)(2)(C), 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. AMENDMENTS 2024—Subsec. (c)(2). Pub. L. 118–159 substituted ‘‘prioritize need and impact by considering’’ for ‘‘con- sider’’ in introductory provisions. 2018—Subsec. (a). Pub. L. 115–167, § 203(1), inserted at end ‘‘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 cri- teria 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 se- lected for such preceding Compact.’’ Subsec. (b)(1)(F). Pub. L. 115–167, § 203(2), added sub- par. (F). Subsecs. (d) to (f). Pub. L. 115–167, § 203(3), (4), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. 2007—Subsec. (b)(2)(B). Pub. L. 110–161, § 699I(a)(1), struck out ‘‘and the sustainable management of nat- ural resources’’ after ‘‘growth’’. Subsec. (b)(3)(C). Pub. L. 110–161, § 699I(a)(2), added subpar. (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 section 7706 of this title for a fiscal year, the Chief Executive Officer— (1) shall prepare and submit to the appro- priate congressional committees a report that contains a list of all candidate countries iden- tified under section 7705 of this title, and all countries that would be candidate countries if the countries met the requirement contained in section 7705(a)(2) of this title, for the fiscal year; and (2) shall publish in the Federal Register the information contained in the report described in paragraph (1). (b) Identification of eligibility criteria and meth- odology Not later than 60 days prior to the date on which the Board determines eligible countries under section 7706 of this title for a fiscal year, the Chief Executive Officer— (1) shall prepare and submit to the appro- priate congressional committees a report that contains a list of the criteria and methodology described in subsections (a) and (b) of section 7706 of this title that will be used to determine eligibility for each candidate country identi- fied under subsection (a); (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 consulta- tion (1) Public comment The Chief Executive Officer shall, for the 30- day period beginning on the date of publica- tion in the Federal Register of the informa- tion contained in the report described in sub- section (b)(1), accept public comment and con- sider such comment for purposes of deter- mining eligible countries under section 7706 of this title. (2) Congressional consultation The Chief Executive Officer shall consult with the appropriate congressional commit- tees on the extent to which the candidate