Millennium Challenge Act of 2003 - States that it is U.S. policy to reduce global poverty through increased economic growth by supporting a new compact for global development in which increased support is provided by developed countries to those developing countries that are ruling justly, fostering economic freedom, and investing in their citizens.
Authorizes the President to provide assistance aimed at reducing poverty to eligible developing countries that enter into agreements with the United States establishing multi-year partnership plans for achieving shared development objectives (Millennium Challenge Contracts). Defines "eligible country" in terms of poverty, commitment to democracy, economic freedom, and investment in its people (including educational opportunity and access to health care).
Establishes a Millennium Challenge Account for the receipt of funds authorized under this Act.
Establishes in the executive branch the Millennium Challenge Corporation to implement the assistance provided under this Act.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1966 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1966
To establish the Millennium Challenge Account and the Millennium
Challenge Corporation in order to reduce global poverty through
increased economic growth by supporting a new compact for global
development.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 6, 2003
Mr. Hyde (for himself, Mr. Green of Wisconsin, and Ms. Harris)
introduced the following bill; which was referred to the Committee on
International Relations
_______________________________________________________________________
A BILL
To establish the Millennium Challenge Account and the Millennium
Challenge Corporation in order to reduce global poverty through
increased economic growth by supporting a new compact for global
development.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Millennium Challenge Act of 2003''.
TITLE I--THE MILLENNIUM CHALLENGE ACCOUNT
SEC. 101. STATEMENT OF POLICY.
It is the policy of the United States to reduce global poverty
through increased economic growth by supporting a new compact for
global development in which increased support is provided by developed
countries to those developing countries that are ruling justly,
fostering economic freedom, and investing in their citizens.
SEC. 102. ELIGIBILITY CRITERIA.
To be eligible for assistance under this Act, a country (``eligible
country'')--
(1) must suffer from significant poverty;
(2) must have a demonstrated commitment to--
(A) just and democratic governance, including
political pluralism and the rule of law, and respect
for human and civil rights of all citizens, protect
private property rights, encourage transparency and
accountability of governance, and limit corruption;
(B) economic freedom, including economic policies
that encourage citizens and firms to participate in the
global product and capital markets, promote private
sector growth, and avoid direct government
participation in the economy; and
(C) investing in its own people, including
improving the availability of educational opportunities
and health care for all citizens; and
(3) must have entered into a Millennium Challenge Contract,
as defined in section 103, with the United States.
SEC. 103. MILLENNIUM CHALLENGE CONTRACT.
(a) In General.--A Millennium Challenge Contract, is an agreement
between the United States and an eligible country that establishes a
multi-year plan of partnership for achieving shared development
objectives in furtherance of the purposes of this Act.
(b) Elements.--The Millennium Challenge Contract shall contain--
(1) the specific objectives that the eligible country and
the United States expect to achieve;
(2) the responsibilities of the eligible country and the
United States in the achievement of those objectives;
(3) regular benchmarks to measure progress towards
achieving the agreed upon objectives and a description of how
the objectives will be sustained once assistance under this
Millennium Challenge Contract ends;
(4) a plan and a timeframe that describes how and when
those objectives will be met;
(5) the role and contribution of the business community,
private and voluntary organizations, and other members of civil
society in designing that plan and achieving the objectives;
(6) where appropriate, the contribution of other donors in
the achievement of those objectives; and
(7) a plan to ensure financial accountability of funds used
to achieve those objectives.
(c) Local Input.--The Millennium Challenge Contract should take
into account the perspectives of the rural and urban poor in an
eligible country, and should reflect consultation with private and
voluntary organizations, and the business community in the country.
(d) Other Donors.--To the maximum extent feasible, activities
undertaken to achieve the objectives of the Millennium Challenge
Contract should be undertaken in coordination with the assistance
activities of other donors.
SEC. 104. MILLENNIUM CHALLENGE ASSISTANCE.
The President is authorized to provide assistance for eligible
countries to support policies and programs that are in furtherance of
the purposes of this Act. The goal of the Millennium Challenge Account
is to reduce poverty by significantly increasing the economic growth
trajectory of recipient countries. This requires an emphasis on
investments that raise the productive potential of a country's citizens
and firms and help integrate its economy into the global product and
capital markets. Key areas of focus for Millennium Challenge Assistance
will include--
(a) agricultural development;
(b) education;
(c) enterprise and private sector development;
(d) governance;
(e) health; and
(f) trade and investment capacity building.
SEC. 105. AUTHORIZATION OF THE MILLENNIUM CHALLENGE ACCOUNT AND
AUTHORITIES.
(a) Authorization of Millennium Challenge Account.--
(1) Authorization.--There are authorized to be appropriated
to the President to carry out this Act $1,300,000,000 for
fiscal year 2004, and such sums as may be necessary for
subsequent fiscal years.
(2) Availability.--Funds appropriated under paragraph (1)--
(A) may be referred to as the ``Millennium
Challenge Account'';
(B) are authorized to remain available until
expended; and
(C) are in addition to funds otherwise available
for such purposes.
(b) Applicability of Provisions of Law.--
(1) Funds made available to carry out the purposes of this
Act may be made available notwithstanding any other provision
of law, except the provisions of the Anti-Deficiency Act.
(2) Notwithstanding paragraph (1), a country, including the
government of a country, that is ineligible to receive
assistance under provisions of law that would prohibit
assistance under part I of the Foreign Assistance Act of 1961
shall not be eligible to receive assistance under this Act. If
the President waives the provisions of part I of the Foreign
Assistance Act of 1961, such country could receive assistance
under this Act.
(c) Use of Other Funds.--Any funds allocated from funds
appropriated to carry out any other Act may be made available, if used
in conjunction with funds appropriated to carry out this Act, under the
authority and subject to the limitations applicable to funds made
available to carry out this Act.
SEC. 106. EVALUATION AND ACCOUNTABILITY.
All concluded Millennium Challenge Contracts and performance
evaluations of activities under these contracts shall be made available
to the public on the Internet, unless the Board makes a specific
finding that a performance evaluation or contract should not be posted.
SEC. 107. GRADUATION.
The Millennium Challenge Contract will provide funds for limited
purposes, projects, and terms.
TITLE II--THE MILLENNIUM CHALLENGE CORPORATION
SEC. 201. ESTABLISHMENT OF THE MILLENNIUM CHALLENGE CORPORATION.
(a) Establishment of the Millennium Challenge Corporation.--There
is hereby established in the executive branch, a corporation to be
known as the Millennium Challenge Corporation (hereinafter in this Act
referred to as the ``Corporation'').
(b) Responsibility of the Corporation.--It shall be the
responsibility of the Corporation to implement title I of this Act,
consistent with the direction of the President.
SEC. 202. MANAGEMENT OF THE CORPORATION.
(a) Board of Directors.--The management of the Corporation shall be
vested in a board of directors (hereafter in this title referred to as
the ``Board'') composed of the Secretary of State, who shall Chair, the
Secretary of the Treasury, and the Director of the Office of Management
and Budget, and may include individuals serving in such positions in an
acting capacity.
(b) Functions of the Board.--
(1) The Board shall direct the exercise of all the
functions and powers of the Corporation, including the
authority to review and approve the eligibility of countries
for assistance.
(2) The Board 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 and
enjoyed.
(3) Members of the Board shall serve without additional
compensation, but may be reimbursed for travel expenses,
including per diem, in lieu of subsistence, while engaged in
their duties on behalf of the Corporation.
(c) Chief Executive Officer of the Corporation.--
(1) The chief executive officer of the Corporation
(hereafter referred to in this title as the ``CEO'') shall be
appointed by the President, by and with the advice and consent
of the Senate, and shall exercise the functions and powers
vested in the CEO by the President and the Board.
(2) The CEO shall receive compensation at the rate provided
for level II of the Executive Schedule under section 5313 of
title 5, United States Code.
(d) Functions of, and actions by, the Corporation, Board, CEO, or
an officer of the United States under this act are vested in their
discretion.
SEC. 203. FUNCTIONS OF THE CORPORATION.
In order to carry out programs in furtherance of the purposes and
policies of this Act, and in accordance with the provisions of Title I
of this Act, the Corporation may made grants for any eligible country,
including to any private or public entity, and including for the
purpose of providing technical assistance to any such country for the
development of the Millennium Challenge Contract and the management,
including financial management, and evaluation of programs for which
assistance is provided pursuant to this Act.
SEC. 204. POWERS OF THE CORPORATION.
(a) Powers.--The Corporation--
(1) shall have perpetual succession unless dissolved by an
Act of Congress;
(2) may adopt, alter, and use a seal, which shall be
judicially noticed;
(3) may prescribe, amend, and repeal such rules,
regulations, and procedures as may be necessary for carrying
out the functions of the Corporation;
(4) may make and perform such contracts, grants, and other
agreements with any individual, corporation, or other private
or public entity however designated and wherever situated, as
may be necessary for carrying out the functions of the
Corporation and all Millennium Challenge Contracts;
(5) may determine and prescribe the manner in which its
obligations shall be incurred and its expenses allowed and
paid, including expenses for representation not exceeding
$95,000 in any fiscal year;
(6) may lease, purchase, or otherwise acquire, improve, and
use such real property wherever situated, as may be necessary
for carrying out the functions of the Corporation;
(7) may accept cash gifts or donations of services or of
property (real, personal, or mixed), tangible or intangible, in
furtherance of the purposes of this Act;
(8) may use the United States mails in the same manner and
on the same conditions as the executive departments of
Government;
(9) may, with the consent of any agency of the United
States, use the information, services, facilities, and
personnel of that agency on a full or partial reimbursement or
on a non-reimbursable basis in carrying out the purposes of
this Act;
(10) may contract with individuals for personal services,
who shall not be considered federal employees for any provision
of law administered by the Office of Personnel Management;
(11) hire or obtain passenger motor vehicles; and
(12) shall have such other powers as may be necessary and
incident to carrying out this Act.
(b) Principal Office.--
(1) The Corporation shall maintain its principal office in
the metropolitan Washington, DC area.
(2) The Corporation may establish other offices in any
place including places outside the United States, in which the
Corporation may carry on all or any of its operations and
business.
(c) Positions With Foreign Governments.--When approved by the
Corporation, in furtherance of its purposes, employees of the
Corporation (including individuals detailed to the Corporation) may
accept and hold offices or positions to which no compensation is
attached with governments or governmental agencies of foreign countries
or international organizations.
(d) Commitment Authority.--Subject to the provisions of the Anti-
Deficiency Act, a contract, grant, or other agreement which entails
commitments for the expenditure of funds available under this Act may
commit such expenditures for such period of time as is deemed necessary
to carrying out this Act.
(e) Contracting Authority.--In furtherance of the purposes of this
Act, functions and powers authorized by this Act may be performed
without regard to any provision of law regulating the making,
performance, amendment, or modification of contracts, grants, and other
agreements.
(f) Taxation of the Corporation.--The Corporation, including all
its assets and property, shall be exempt from taxation now or hereafter
imposed by the United States, or any territory or possession thereof,
or by any State, county, municipality, or local taxing authority.
SEC. 205. PERSONNEL AND ADMINISTRATIVE AUTHORITIES.
(a) Personnel Authorities.--Notwithstanding any provision of title
5, United States Code or of the Foreign Service Act of 1980, as
amended, the CEO of the Millennium Challenge Corporation may, in
regulations prescribed jointly with the Director of the Office of
Personnel Management, establish, and from time to time adjust, a human
resources management system, including a retirement benefits program.
(1) Any system established under this subsection shall not
waive, modify, or otherwise affect, with respect to Civil
Service and Foreign Service employees--
(A) the public employment principles of merit and
fitness set forth in section 2301 of title 5, including
the principles of hiring based on merit, fair treatment
without regard to political affiliation or other non-
merit considerations, equal pay for equal work, and
protection of employees against reprisal for whistle
blowing,
(B) section 2302(b) of title 5,
(C) chapters 72 and 73 of title 5, and
(D) the conflict of interest provisions in title
18, chapter 11, of the United States Code.
(2) The CEO of the Corporation may, without regard to the
civil service and foreign service laws and regulations, appoint
and terminate personnel as may be necessary to enable the
Corporation to perform its duties.
(3) The CEO may fix the compensation of the Corporation
personnel without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to the classification of positions and General
Schedule pay rates, and without regard to the provisions of
chapters 4 and 5 of the Foreign Service Act, relating to the
classification of positions and Foreign Service pay rates.
(4) The Corporation may utilize such authority contained in
the Foreign Service Act of 1980, as amended, as the Corporation
deems appropriate.
(5) The CEO and other personnel who are employees of the
Corporation shall be employees under section 2105 of title 5,
United States Code, for purposes of chapters 63 (relating to
leave), 81 (relating to compensation for work injuries), 85
(relating to unemployment benefits), 87 (relating to life
insurance benefits), 89 (relating to health insurance
benefits), and 90 (relating to long-term care insurance) of
that title. If the CEO chooses not to waive chapters 83 and 84
(relating to retirement benefits) of title 5, or chapter 8 of
the Foreign Service Act (relating to Foreign Service retirement
systems), employees of the Corporation shall be eligible for
benefits under those chapters as otherwise applicable.
(6) No individual, except for the officers of the
Corporation, may be employed by the Corporation for a period in
excess of 5 years: Provided, That the CEO, under special
circumstances, may approve an extension of the length of
employment on an individual basis.
(7) Individuals employed by the Corporation, including
individuals detailed to or contracted by the Corporation, while
performing duties in any country or place outside the United
States, and their families shall, if they are not nationals of
or permanently resident in such country or place, enjoy the
privileges and immunities of at least the administrative and
technical staff of the Mission of the United States to such
country and shall be subject to 22 U.S.C. 3927 in the same
manner as United States Government employees.
(8) The CEO may procure temporary and intermittent services
under section 3109(b) of title 5, United States Code, at rates
for individuals which do not exceed the daily equivalent of the
annual rate of basic pay prescribed for level V of the
Executive Schedule under section 5316 of such title.
(b) Detail of Personnel to the Corporation.--
(1) Any Federal Government employee may be detailed to the
Corporation on a fully or partially reimbursable or on a
nonreimbursable basis, and such detail shall be without
interruption or loss of civil service or Foreign Service status
or privilege.
(2) Alternatively, an employee serving under a career or
career conditional appointment or the equivalent in an agency
who transfers to or converts to an appointment in the
Corporation with the consent of the head of the agency is
entitled to be returned to the employee's former position or a
position of like seniority, status, and pay without grade or
pay reduction in the agency if the employee--
(A) is being separated from the Corporation for
reasons other than misconduct, neglect of duty, or
malfeasance; and
(B) applies for return not later than 30 days
before the date of the termination of the employment in
the Corporation.
(3) An employee of a private section organization assigned
to the Corporation under this section is deemed, during the
period of assignment, to be on detail to such agency. Such
employee--
(A) may continue to receive pay and benefits from
the private sector organization from which he is
assigned;
(B) is deemed to be an employee of the Corporation
as specified in (a)(5) of this section, for the
purposes of chapters 81 and 85 of title 5 U.S.C.;
(C) may not have access to any trade secrets or to
any other non-public information which is of commercial
value to the private sector organization from which he
is assigned; and
(D) is subject to such regulations as the President
may prescribe.
Such assignment may be made with or without reimbursement by
the Corporation for the pay, or a part thereof, of the employee
during the period of assignment, or of any contribution of the
private sector organization to its employee benefit system. A
private sector organization may not charge the Federal
Government, as direct or indirect costs under a Federal
contract, the costs of pay or benefits paid by the organization
to an employee assigned to the Corporation.
(c) Allocation of Funds.--
(1) Transfer or allocation.--The Corporation may allocate
or transfer to any agency of the United States Government any
part of any funds available for carrying out the purposes of
this Act. Such funds shall be available for obligation and
expenditure for the purposes for which authorized, in
accordance with authority granted in this Act or under
authority governing the activities of agencies of the United
States Government to which such funds are allocated or
transferred.
(2) Use of services.--For carrying out the purposes of this
Act, the Corporation may utilize the services and facilities
of, or procure commodities from, any agency of the United
States Government under such terms and conditions as may be
agreed to by the head of such agency and the Corporation.
(d) Other Authorities.--Except where inconsistent with the
provisions of this Act, the Corporation is authorized to use any of the
administrative authorities contained in the State Department Basic
Authorities Act of 1956 and the Foreign Assistance Act of 1961.
(e) Government Corporation Control Act.--The Corporation shall be
subject to the provisions of the Government Corporation Control Act,
title 31, United States Code.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on International Relations.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line