22 U.S.C. § 7708 — Millennium Challenge Compact
submitted 22 years ago by Pub. L. 108-199 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 1,033 words · no verdicts yet
This section addresses millennium challenge compact. It assigns the stated duties, limits, permissions, or funding described below.
(a) Compact*. The Board*, through the Corporation's Chief Executive Officer*, may assist an eligible country* only if it enters an agreement with the United States called a “Millennium Challenge Compact.” The agreement must set a multi-year plan for shared development objectives furthering this chapter. (b) Required elements. The Compact should consider the country's development strategy and must state its specific objectives; each side's responsibilities; regular progress benchmarks; intended beneficiaries broken down by income, gender, and age as far as practicable; a multi-year financial plan with contributions, implementation and oversight, and civil-society participation; other donors when appropriate; fiscal accountability; processes for solicited and unsolicited proposals; open, fair, competitive, and transparent grants, cooperative agreements, and purchases; the country's plan to maintain progress after the Compact; and USAID's role in designing, carrying out, and monitoring funded programs. The Compact must also identify an appropriate country contribution compared with its national budget, considering economic conditions. That contribution should add to the prior year's budget spending for these purposes and continue through the Compact. “National development strategy” means a government strategy for market-driven growth and ending extreme poverty developed with broad civic participation, including nongovernmental, private, voluntary, academic, women's, student, trade, labor, and business organizations. (c) Tax exemption. Each Compact must state that United States assistance is exempt from taxation by the eligible country's government. (d) Local input. The United States must seek to ensure that the country considers rural and urban poor people's local views, including women's views, and consults private and voluntary organizations, business, and other donors. (e) Consultation. During Compact discussions, Corporation* officials must at least consult appropriate USAID officials, especially regional or country development officials. (f) Donor coordination. As far as feasible, Compact activities must be coordinated with other donors' assistance. (g) Development help. Despite subsection (a), the Chief Executive Officer may contract or make grants for an eligible country to help develop and carry out its Compact. (h) Approval. The Board must approve each Compact before the United States enters it. (i) Increase or extension. Within 15 days after deciding to increase or extend assistance, the Board must send the committees a written report and justification, a detailed summary, and the amendment's full text, and publish the summary, text, and justification in the Federal Register and on the Corporation website. (j) Duration. A Compact may last no more than 5 years. (k) Concurrent Compacts. A country with a Compact in effect may have only one additional Compact at the same time, and only if one or both concern regional economic integration, increased regional trade, or cross-border cooperation, and the Board finds considerable, demonstrable progress under the existing Compact and related agreements. (l) Subsequent Compacts. After the existing Compact ends, the country and United States may enter one or more later Compacts meeting this chapter's requirements.
The Board*, acting through the Chief Executive Officer* of the Corporation*, may provide assistance 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 furtherance of the purposes of this chapter.
The Compact should take into account the national development strategy of the eligible country and shall contain—
the specific objectives that the country and the United States expect to achieve during the term of the Compact;
the responsibilities of the country and the United States in the achievement of such objectives;
regular benchmarks to measure, where appropriate, progress toward achieving such objectives;
an identification of the intended beneficiaries, disaggregated by income level, gender, and age, to the maximum extent practicable;
a multi-year financial plan, including the estimated amount of contributions by the Corporation and the country and proposed mechanisms to implement the plan and provide oversight, that describes how the requirements of subparagraphs (A) through (D) will be met, including identifying the role of civil society in the achievement of such requirements;
where appropriate, a description of the current and potential participation of other donors in the achievement of such objectives;
a plan to ensure appropriate fiscal accountability for the use of assistance provided under section 7704 of this title;
where appropriate, a process or processes 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;
a requirement that open, fair, and competitive procedures are used in a transparent manner in the administration of grants or cooperative agreements or the procurement of goods and services for the accomplishment of objectives under the Compact;
the strategy of the eligible country to sustain progress made toward achieving such objectives after expiration of the Compact; and
a description of the role of the United States Agency for International Development in any design, implementation, and monitoring of programs and activities funded under the Compact.
In addition to the elements described in subparagraphs (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 prevailing economic conditions, toward meeting the objectives of the Compact. Any such contribution 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.
In this subsection, the term “national development strategy” means any strategy to achieve market-driven economic growth and eliminate extreme poverty that has been developed by the government of the country in consultation with a wide variety of civic participation, including nongovernmental organizations, private and voluntary organizations, academia, women’s and student organizations, local trade and labor unions, and the business community.
In addition to the elements described in subsection (c), each Compact shall contain a provision that states that assistance provided by the United States under the Compact shall be exempt from taxation by the government of the eligible country.
In entering into a Compact, the United States shall seek to ensure that the government of an eligible country—
takes into account the local-level perspectives of the rural and urban poor, including women, in the eligible country; and
consults with private and voluntary organizations, the business community, and other donors in the eligible country.
During any discussions with a country for the purpose of entering into a Compact with the country, officials of the Corporation participating in such discussions shall, at a minimum, consult with appropriate officials of the United States Agency for International Development, particularly with those officials responsible for the appropriate region or country on development issues related to the Compact.
To the maximum extent feasible, activities undertaken to achieve the objectives of the Compact shall be undertaken in coordination with the assistance activities of other donors.
Notwithstanding subsection (a), the Chief Executive Officer may enter into contracts or make grants for any eligible country for the purpose of facilitating the development and implementation of the Compact between the United States and the country.
Each Compact shall be approved by the Board before the United States enters into the Compact.
Not later than 15 days after making a determination to increase or extend assistance under a Compact with an eligible country, the Board, acting through the Chief Executive Officer—
shall prepare and transmit to the appropriate congressional committees* a written report and justification that contains a detailed summary of the proposed increase in or extension of assistance under the Compact and a copy of the full text of the amendment to the Compact; and
shall publish a detailed summary, full text, and justification of the proposed increase in or extension of assistance under the Compact in the Federal Register and on the Internet website of the Corporation.
The duration of a Compact shall not exceed 5 years.
An eligible country that has entered into and has in effect a Compact under this section may enter into and have in effect at the same time not more than one additional Compact in accordance with the requirements of this chapter if—
one or both of the Compacts are or will be for purposes of regional economic integration, increased regional trade, or cross-border collaborations; and
the Board determines that the country is making considerable and demonstrable progress in implementing the terms of the existing Compact and supplementary agreements thereto.
An eligible country and the United States may enter into one or more subsequent Compacts in accordance with the requirements of this chapter after the expiration of the existing Compact.
Source credit: (Pub. L. 108–199, div. D, title VI, § 609, Jan. 23, 2004, 118 Stat. 218; Pub. L. 115–167, title II, § 204(a), Apr. 23, 2018, 132 Stat. 1280; Pub. L. 118–159, div. E, title LI, § 5122(c)(2), Dec. 23, 2024, 138 Stat. 2431.)
- 2004Enacted · Pub. L. 108-199 · 118 Stat. 218
- 2018Amended · Pub. L. 115-167 · 132 Stat. 1280
- 2024Amended · Pub. L. 118-159 · 138 Stat. 2431
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-199 on 2004-01-23.
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