ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

22 U.S.C. § 7708Millennium 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

in plain englishAI-generated · not legal advice

This law sets the rules for a Millennium Challenge Compact, the agreement the U.S. signs with an eligible country to fund development. It lists what the Compact must contain and how it must be approved, coordinated, and reported. A Compact can last up to 5 years.

(a) Compact — The Board, acting through the Corporation's Chief Executive Officer, may give assistance to an eligible country only if that country enters into a "Millennium Challenge Compact" with the United States — an agreement setting a multi-year plan for reaching shared development goals under this chapter. (b) Elements — (1) In general: The Compact should take the country's national development strategy into account and must contain: (A) the specific goals the country and the U.S. expect to reach during the Compact; (B) each side's responsibilities in reaching those goals; (C) regular benchmarks to measure progress, where appropriate; (D) an identification of the intended beneficiaries, broken down by income level, gender, and age as much as practical; (E) a multi-year financial plan — including estimated contributions from the Corporation and the country, and how the plan will be carried out and overseen — that shows how (A) through (D) will be met, including civil society's role; (F) where appropriate, a description of other donors' current and possible participation; (G) a plan to keep spending under the Compact fiscally accountable; (H) where appropriate, a process for considering both solicited proposals and unsolicited proposals from the Corporation and from national, regional, or local governments; (I) a requirement that grants, cooperative agreements, and purchases of goods and services under the Compact use open, fair, and competitive procedures, administered transparently; (J) the country's strategy for sustaining progress after the Compact expires; and (K) a description of the role the U.S. Agency for International Development will play in designing, carrying out, and monitoring the Compact's programs. The term "national development strategy" means a strategy — built by the country's government together with a wide range of civic participants, including nongovernmental organizations, private and voluntary organizations, universities, women's and student groups, local trade and labor unions, and businesses — for reaching market-driven economic growth and ending extreme poverty. (2) Country contributions: Besides the elements above, the Compact must also identify a contribution the country itself will make, sized to fit its national budget and prevailing economic conditions. That contribution should be in addition to what the country already budgeted for the same purposes the year before the Compact was set up, and should continue for the whole life of the Compact. (c) No taxation — Every Compact must also include a provision stating that U.S. assistance under it is exempt from taxation by the eligible country's government. (d) Local input — In making a Compact, the United States must try to make sure the country's government takes into account the local-level views of the rural and urban poor, including women, and consults with private and voluntary organizations, the business community, and other donors in the country. (e) Consultation — While Corporation officials are discussing a Compact with a country, they must, at minimum, consult with the appropriate officials of the U.S. Agency for International Development, particularly those responsible for the relevant region or country's development issues. (f) Coordination with other donors — As much as feasible, work done to achieve the Compact's objectives must be coordinated with the assistance activities of other donors. (g) Assistance for development of the Compact — Even before a Compact is signed, the Chief Executive Officer may make contracts or grants to any eligible country to help develop and prepare for the Compact. (h) Board approval required — The Board must approve every Compact before the United States enters into it. (i) Increasing or extending assistance — Within 15 days of deciding to increase or extend assistance under an existing Compact, the Board, through the Chief Executive Officer, must send Congress a written report and justification with a detailed summary of the proposed change and the full text of the amendment, and must also publish that summary, text, and justification in the Federal Register and on the Corporation's website. (j) Duration of Compact — A Compact may not last more than 5 years. (k) Concurrent Compacts — A country already in an active Compact may enter into and have in effect one additional Compact at the same time if one or both Compacts are for regional economic integration, increased regional trade, or cross-border collaboration, and if the Board determines the country is making considerable, demonstrable progress on the existing Compact and its supplementary agreements. (l) Subsequent Compacts — After an existing Compact expires, the country and the United States may enter into one or more new Compacts under the same rules.
the actual law source: uscode.house.gov ↗public domain
(a) Compact

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.

(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 during 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 beneficiaries, disaggregated by income level, gender, and age, to the maximum extent practicable;

(E)

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;

(F)

where appropriate, a description of the current and potential participation of other donors in the achievement of such objectives;

(G)

a plan to ensure appropriate fiscal accountability for the use of assistance provided under section 7704 of this title;

(H)

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;

(I)

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;

(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 Development in any design, implementation, and monitoring of programs and activities funded under the Compact.

(2) Country contributions

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.

(3) Definition

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.

(c) Additional provision relating to prohibition on taxation

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.

(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 perspectives of the rural and urban poor, including women, in the eligible country; and

(2)

consults with private and voluntary organizations, the business community, and other donors in the eligible country.

(e) Consultation

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.

(f) Coordination with other donors

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.

(g) Assistance for development of compact

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.

(h) Requirement for approval by the Board

Each Compact shall be approved by the Board before the United States enters into the Compact.

(i) Increase or extension of assistance under a 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—

(1)

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

(2)

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.

(j) Duration of Compact

The duration of a Compact shall not exceed 5 years.

(k) Concurrent Compacts

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—

(1)

one or both of the Compacts are or will be for purposes of regional economic integration, increased regional trade, or cross-border collaborations; and

(2)

the Board determines that the country is making considerable and demonstrable progress in implementing the terms of the existing Compact and supplementary agreements thereto.

(l) Subsequent Compacts

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.)

history & why it existsrecord from the source credit
  • 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.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case