Title 22 — Foreign Relations and Intercourse
Chapter 84 — Millennium Challenge
§ 7706. Eligible countries
Statutory text
Determination by the Board
The Board shall determine whether a candidate country is an eligible country for purposes of this section. Such determination shall be based, to the maximum extent possible, upon objective and quantifiable indicators of a country’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 Millennium Challenge Compact shall also be based, to the extent practicable, on significantly improved performance across the criteria 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 selected for such preceding Compact.
Criteria
A candidate country should be considered to be an eligible country for purposes of this section if the Board determines that the country has demonstrated a commitment to—
just and democratic governance, including a demonstrated commitment to—
promote political pluralism, equality, and the rule of law;
respect human and civil rights, including the rights of people with disabilities;
protect private property rights;
encourage transparency and accountability of government;
combat corruption; and
the quality of the civil society enabling environment;
economic freedom, including a demonstrated commitment to economic policies that—
encourage citizens and firms to participate in global trade and international capital markets;
promote private sector growth;
strengthen market forces in the economy; and
respect worker rights, including the right to form labor unions; and
investments in the people of such country, particularly women and children, including programs that—
promote broad-based primary education;
strengthen and build capacity to provide quality public health and reduce child mortality; and
promote the protection of biodiversity and the transparent and sustainable management and use of natural resources.
Selection by the Board
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 Challenge Compact pursuant to section 7708 of this title.
Factors
In selecting eligible countries under paragraph (1), the Board shall prioritize need and impact by considering the following factors:
The extent to which the country clearly meets or exceeds the eligibility criteria.
The opportunity to reduce poverty and generate economic growth in the country.
The availability of amounts to carry out this chapter.
Reporting on treatment of civil society
For the 7-year period beginning on , before the Board selects an eligible country for a Compact under subsection (c), the Corporation shall provide information to the Board regarding the country’s treatment of civil society, including classified information, as appropriate. The information shall include an assessment and analysis of factors including—
any relevant laws governing the formation or establishment of a civil society organization, particularly laws intended to curb the activities of foreign civil society organizations;
any relevant laws governing the operations of a civil society organization, particularly those laws seeking to define or otherwise regulate the actions of foreign civil society organizations;
laws relating to the legal status of civil society organizations, including laws which effectively discriminate against foreign civil society organizations as compared to similarly situated domestic organizations;
laws regulating the freedom of expression and peaceful assembly; and
laws regulating the usage of the Internet, particularly by foreign civil society organizations.
Establishment of criteria and methodology
The criteria and methodology submitted by the Board to Congress and published in the Federal 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.
Annual modification of criteria and methodology
As appropriate, the Board, acting through the Chief Executive Officer, shall review the eligibility criteria and methodology and modify such criteria and methodology in subsequent years consistent with section 7707(b) of this title.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004
Pub. L. 108–199 div. D title VI § 607 · 118 Stat. 3
Enacted · 22 U.S.C. § 7706
Pub. L. 108–199, div. D, title VI, § 607, Jan. 23, 2004, 118 Stat. 216
Source evidence
Code source credit
Pub. L. 108–199, div. D, title VI, § 607, Jan. 23, 2004, 118 Stat. 216Enacted provision · exact public law section
Sec. 607. If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a “Made in America” inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations.Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008
Pub. L. 110–161 § 699I(a)(1) · 121 Stat. 1844
Struck · 22 U.S.C. § 7706(b)(2)(B)
Pub. L. 110–161, § 699I(a)(1), struck out “and the sustainable management of natural resources” after “growth”
Source evidence
Code amendment note
Subsec. (b)(2)(B). Pub. L. 110–161, § 699I(a)(1), struck out “and the sustainable management of natural resources” after “growth”.Enacted provision · exact public law section
(1) in paragraph (2)(B) by striking “and the sustainable management of natural resources”; andDepartment of State, Foreign Operations, and Related Programs Appropriations Act, 2008
Pub. L. 110–161 § 699I(a)(2) · 121 Stat. 1844
Added · 22 U.S.C. § 7706(b)(3)(C)
Pub. L. 110–161, § 699I(a)(2), added subpar. (C)
Source evidence
Code amendment note
Subsec. (b)(3)(C). Pub. L. 110–161, § 699I(a)(2), added subpar. (C).Enacted provision · exact public law section
(2) in paragraph (3)— (A) in subparagraph (A), by striking “and”; (B) in subparagraph (B), by striking the period and inserting “; and”; and (C) by adding the following subparagraph: “(C) promote the protection of biodiversity and the transparent and sustainable management and use of natural resources.” .African Growth and Opportunity Act and Millennium Challenge Act Modernization Act
Pub. L. 115–167 § 203(1) · 132 Stat. 1276
Inserted · 22 U.S.C. § 7706(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 criteria 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 selected for such preceding Compact.”
Source evidence
Code amendment note
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 criteria 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 selected for such preceding Compact.”Enacted provision · exact public law section
(1) in subsection (a), by adding at the end the following: “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 criteria 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 selected for such preceding Compact.”African Growth and Opportunity Act and Millennium Challenge Act Modernization Act
Pub. L. 115–167 § 203(2) · 132 Stat. 1276
Added · 22 U.S.C. § 7706(b)(1)(F)
Pub. L. 115–167, § 203(2), added subpar. (F)
Source evidence
Code amendment note
Subsec. (b)(1)(F). Pub. L. 115–167, § 203(2), added subpar. (F).Enacted provision · exact public law section
(2) in subsection (b)(1)— (A) in subparagraph (D), by striking “and” at the end; (B) in subparagraph (E), by adding “and” at the end; and (C) by adding at the end the following: “(F) the quality of the civil society enabling environment;” ;African Growth and Opportunity Act and Millennium Challenge Act Modernization Act
Pub. L. 115–167 § 203(3) · 132 Stat. 1276
Added · 22 U.S.C. § 7706(d)(f)
Pub. L. 115–167, § 203(3), (4), added subsec. (d)
Redesignated · 22 U.S.C. § 7706(d)(f)
Pub. L. 115–167, § 203(3), (4), redesignated former subsecs. (d) and (e) as (e) and (f), respectively
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; andPub. L. 118–159 div. E title LI § 5122(d) · 138 Stat. 2431
Substituted · 22 U.S.C. § 7706(c)(2)
Pub. L. 118–159 substituted “prioritize need and impact by considering” for “consider” in introductory provisions
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 118–159 substituted “prioritize need and impact by considering” for “consider” in introductory provisions.
7 of 8 references resolved to an enrolled provision · 1 unresolved
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, , 118 Stat. 211, which is classified generally to this chapter. For complete classification of this title to the Code, see Short Title note set out under section 7701 of this title and Tables.
Amendments2007–2024 · 3 rounds
2024
Subsec. (c)(2). Pub. L. 118–159 substituted “prioritize need and impact by considering” for “consider” 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 criteria 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 selected for such preceding Compact.”
Subsec. (b)(1)(F). Pub. L. 115–167, § 203(2), added subpar. (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 natural resources” after “growth”.
Subsec. (b)(3)(C). Pub. L. 110–161, § 699I(a)(2), added subpar. (C).