22 U.S.C. § 7703 — Establishment and management of the Millennium Challenge Corporation
submitted 22 years ago by Pub. L. 108-199 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 964 words · no verdicts yet
This section creates the Millennium Challenge Corporation and sets out its Chief Executive Officer and Board of Directors. It provides appointment, authority, membership, terms, quorum, meeting, compensation, and travel rules.
(a) Establishment. The executive branch has a corporation* called the "Millennium Challenge Corporation." It is responsible for carrying out this chapter and is a government corporation as section 103 of title 5 defines that term.
(b) Chief Executive Officer*. (1) The Corporation has a CEO responsible for its management. (2)(A) Unless (B) applies, the President appoints the CEO with the Senate's advice and consent. (B) The Board* members listed in subsection (c)(3)(A) may unanimously designate in writing a Federal department or agency officer, appointed by the President with Senate advice and consent, to perform these duties until the CEO is appointed. (3) The CEO reports to and is directly controlled by the Board. (4)(A) The CEO receives the level-II Executive Schedule rate under section 5313 of title 5 and has the equivalent rank of Deputy Secretary. (B) Omitted. (5) The CEO manages the Corporation, exercises its powers, and performs its duties. (6) After consulting the Board and obtaining its approval, the CEO appoints all Corporation officers.
(c) Board of Directors. (1) The Corporation has a Board. (2) The Board performs the functions assigned to it by this chapter and may adopt, change, or repeal bylaws, rules, regulations, and procedures governing its business and legal powers. (3) The Board consists of (A) the Secretaries of State and the Treasury, the USAID Administrator, the CEO, and the United States Trade Representative; and (B) four other people with relevant international experience, appointed by the President with Senate advice and consent. One should be chosen from a list submitted by each of the House majority leader, House minority leader, Senate majority leader, and Senate minority leader. (4)(A) Each member listed in (3)(A) serves while serving as the relevant Federal officer. (B) Each other member serves three years, may be reappointed for two more years, and may continue until the earlier of a successor's appointment or one year after the appointment or reappointment expires. (C) A vacancy is filled the same way as the original appointment. (5) The Secretary of State is Board Chair. (6) A majority is a quorum. Except for meetings during the 135 days beginning January 23, 2004, the quorum must include at least one member listed in (3)(B). (7) The Board meets when the Chair calls it. (8)(A) A Federal officer Board member receives no extra pay, allowances, or benefits for Board service, but receives travel expenses, including per diem instead of subsistence, under title 5 chapter 57 subchapter I. (B)(i) Other members are paid from chapter funds at the daily equivalent of the highest section 5332 rate for each day, including travel time, they perform Board duties. When away from home or regular business for necessary Board travel, they receive per diem, travel, and transportation expenses under the same title 5 rules. (ii) A member may not receive the compensation described in clause (i)(II) for more than 90 days in a calendar year.
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.
There shall be in the Corporation a Chief Executive Officer who shall be responsible for the management of the Corporation.
Except as provided in subparagraph (B), the Chief Executive Officer shall be appointed by the President, by and with the advice and consent of the Senate.
The members of the Board* of Directors described in subsection (c)(3)(A) may designate by unanimous consent in writing an individual who is an officer within any Federal department or agency (and who has been appointed to such position by the President, by and with the advice and consent of the Senate) to carry out the duties described in this subsection until the Chief Executive Officer is appointed pursuant to subparagraph (A).
The Chief Executive Officer shall report to and be under the direct authority of the Board.
The Chief Executive Officer shall be compensated at the rate provided for level II of the Executive Schedule under section 5313 of title 5 and shall have the equivalent rank of Deputy Secretary.
The Chief Executive Officer shall be responsible for the management of the Corporation and shall exercise the powers and discharge the duties of the Corporation.
In consultation and with approval of the Board, the Chief Executive Officer shall appoint all officers of the Corporation.
There shall be in the Corporation a Board of Directors.
The Board shall perform the functions specified to be carried out by the Board in this chapter and may prescribe, amend, and repeal bylaws, rules, regulations, and procedures governing the manner in which the business of the Corporation may be conducted and in which the powers granted to it by law may be exercised.
The Board shall consist of—
the Secretary of State, the Secretary of the Treasury, the Administrator of the United States Agency for International Development, the Chief Executive Officer of the Corporation, and the United States Trade Representative; and
four other individuals with relevant international experience who shall be appointed by the President, by and with the advice and consent of the Senate, of which—
one individual should be appointed from among a list of individuals submitted by the majority leader of the House of Representatives;
one individual should be appointed from among a list of individuals submitted by the minority leader of the House of Representatives;
one individual should be appointed from among a list of individuals submitted by the majority leader of the Senate; and
one individual should be appointed from among a list of individuals submitted by the minority leader of the Senate.
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.
Each member of the Board described in paragraph (3)(B)—
shall be appointed for a term of 3 years;
may be reappointed for a term of an additional 2 years; and
may continue to serve in each such appointment until the earlier of—
the date on which his or her successor is appointed; or
the date that is 1 year after the expiration of his or her appointment or reappointment, as the case may be.
A vacancy in the Board shall be filled in the manner in which the original appointment was made.
There shall be a Chairperson of the Board. The Secretary of State shall serve as the Chairperson.
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).
The Board shall meet at the call of the Chairperson.
A member of the Board described in paragraph (3)(A) may not receive additional pay, allowances, or benefits by reason of the member’s service on the Board.
Each such member of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5.
Except as provided in clause (ii), a member of the Board described in paragraph (3)(B)—
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 duties as a member of the Board; and
while away from the member’s home or regular place of business on necessary travel in the actual performance of duties as a member of the Board, shall be paid per diem, travel, and transportation expenses in the same manner as is provided under subchapter I of chapter 57 of title 5.
A member of the Board may not be paid compensation under clause (i)(II) for more than 90 days in any calendar year.
Source credit: (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.)
- 2004Enacted · Pub. L. 108-199 · 118 Stat. 212
- 2018Amended · Pub. L. 115-167 · 132 Stat. 1279
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-199 on 2004-01-23.
all 0 arguments · sorted by: best
no arguments yet — make the first case