22 U.S.C. § 7707 — Congressional and public notification of

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 Page 2003 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 7708 countries meet the criteria described in sec- tion 7706(b) of this title. (d) Identification of eligible countries Not later than 5 days after 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 such eligible countries, an identification of those countries on such list with respect to which the Board will seek to enter into a Compact under section 7708 of this title, and a justification for such eligi- bility determination and selection for Com- pact negotiation; and (2) shall publish in the Federal Register the information contained in the report described in paragraph (1). (Pub. L. 108–199, div. D, title VI, § 608, Jan. 23, 2004, 118 Stat. 217; Pub. L. 118–159, div. E, title LI, § 5122(c)(1), Dec. 23, 2024, 138 Stat. 2430.) Editorial Notes AMENDMENTS 2024—Subsec. (a)(1). Pub. L. 118–159 substituted ‘‘sec- tion 7705(a)(2)’’ for ‘‘section 7705(a)(1)(B)’’. § 7708. Millennium Challenge Compact (a) Compact The Board, acting through the Chief Executive Officer of the Corporation, may provide assist- ance 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 fur- therance 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 dur- ing 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 bene- ficiaries, disaggregated by income level, gen- der, and age, to the maximum extent prac- ticable; (E) a multi-year financial plan, including the estimated amount of contributions by the Corporation and the country and pro- posed mechanisms to implement the plan and provide oversight, that describes how the requirements of subparagraphs (A) through (D) will be met, including identi- fying the role of civil society in the achieve- ment of such requirements; (F) where appropriate, a description of the current and potential participation of other donors in the achievement of such objec- tives; (G) a plan to ensure appropriate fiscal ac- countability for the use of assistance pro- vided under section 7704 of this title; (H) where appropriate, a process or proc- esses for consideration of solicited proposals under the Compact as well as a process for consideration of unsolicited proposals by the Corporation and national, regional, or local units of government; (I) a requirement that open, fair, and com- petitive procedures are used in a transparent manner in the administration of grants or cooperative agreements or the procurement of goods and services for the accomplish- ment of objectives under the Compact; (J) the strategy of the eligible country to sustain progress made toward achieving such objectives after expiration of the Compact; and (K) a description of the role of the United States Agency for International Develop- ment in any design, implementation, and monitoring of programs and activities fund- ed under the Compact. (2) Country contributions In addition to the elements described in sub- paragraphs (A) through (K) of paragraph (1), the Compact shall identify a contribution, as appropriate, from the country relative to its national budget, taking into account the pre- vailing economic conditions, toward meeting the objectives of the Compact. Any such con- tribution should be in addition to government spending allocated for such purposes in the country’s budget for the year immediately preceding the establishment of the Compact and should continue for the duration of the Compact. (3) Definition In this subsection, the term ‘‘national devel- opment strategy’’ means any strategy to achieve market-driven economic growth and eliminate extreme poverty that has been de- veloped by the government of the country in consultation with a wide variety of civic par- ticipation, including nongovernmental organi- zations, private and voluntary organizations, academia, women’s and student organizations, local trade and labor unions, and the business community. (c) Additional provision relating to prohibition on taxation In addition to the elements described in sub- section (c), each Compact shall contain a provi- sion that states that assistance provided by the United States under the Compact shall be ex- empt from taxation by the government of the el- igible country. (d) Local input In entering into a Compact, the United States shall seek to ensure that the government of an eligible country— (1) takes into account the local-level per- spectives of the rural and urban poor, includ- ing women, in the eligible country; and (2) consults with private and voluntary orga- nizations, the business community, and other donors in the eligible country.