I 
108TH CONGRESS 
2D SESSION 
H. R. 4558
To authorize the Comptroller General to conduct audits, evaluations, and 
investigations of the Millennium Challenge Corporation, to establish the 
Millennium Challenge Advisory Council, to transfer the Millennium Chal-
lenge program to the Foreign Assistance Act of 1961, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 14, 2004
Mr. HYDE introduced the following bill; which was referred to the Committee 
on International Relations 
A BILL 
To authorize the Comptroller General to conduct audits, eval-
uations, and investigations of the Millennium Challenge 
Corporation, to establish the Millennium Challenge Advi-
sory Council, to transfer the Millennium Challenge pro-
gram to the Foreign Assistance Act of 1961, and for 
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Millennium Challenge Accountability Act of 2004’’.
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows:
Sec. 1. Short title; table of contents. 
TITLE I—MILLENNIUM CHALLENGE ACT OF 2003
Sec. 101. Oversight by General Accounting Office. 
Sec. 102. Millennium Challenge Advisory Council. 
Sec. 103. Findings; Statement of policy. 
Sec. 104. Definitions. 
Sec. 105. Principal objectives. 
Sec. 106. Transfer to Foreign Assistance Act of 1961. 
TITLE II—MISCELLANEOUS PROVISIONS 
Subtitle A—HELP Commission Act; Foreign Aid Impact Assessment Act 
Sec. 201. HELP Commission Act. 
Sec. 202. Foreign Aid Impact Assessment Act. 
Subtitle B—Repeals; Related Provisions 
Sec. 211. Repeals; conforming amendments. 
Sec. 212. General authorities.
TITLE I—MILLENNIUM 
CHALLENGE ACT OF 2003
SEC. 101. OVERSIGHT BY GENERAL ACCOUNTING OFFICE. 
Section 614 of title VI of division D of the Consoli-
dated Appropriations Act, 2004 (Public Law 108–199; 22 
U.S.C. 7713) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(h) COMPTROLLER GENERAL.—
‘‘(1) IN GENERAL.—The Comptroller General 
shall conduct on an annual basis and as appropriate 
audits, evaluations, and investigations of the Cor-
poration. 
‘‘(2) SCOPE.—In carrying out this subsection, 
the Comptroller General may conduct audits, evalua-
tions, and investigations of the activities and finan-
cial transactions of the Corporation for any fiscal 
year during which Federal funds are available to fi-
nance any portion of its operations in accordance 
with such rules and regulations as may be prescribed 
by the Comptroller General. 
‘‘(3) LOCATION; ACCESS TO DOCUMENTS.—
‘‘(A) LOCATION.—The Comptroller Gen-
eral shall conduct an audit, evaluation, or inves-
tigation under this subsection at the place or 
places where pertinent information of the Cor-
poration is normally kept. 
‘‘(B) ACCESS
TO
DOCUMENTS.—In con-
ducting an audit, evaluation, or investigation 
under this subsection, representatives of the 
General Accounting Office shall have access to 
all books, accounts, financial records, reports, 
files, and other papers or property belonging to 
or in use by the Corporation and necessary to 
facilitate the audit, evaluation, or investigation. 
In addition, the representatives shall be af-
forded full facilities for verifying transactions 
with the balances and securities held by deposi-
tories, fiscal agents, and custodians of the Cor-
poration.
‘‘(C) RULE OF CONSTRUCTION.—All books, 
accounts, financial records, reports, files, and 
other papers or property of belonging to or in 
use by the Corporation shall remain in the pos-
session and custody of the Corporation through-
out the period beginning on the date such pos-
session or custody commences and ending three 
years after such date, but the General Account-
ing Office may require the retention of such 
books, accounts, financial records, reports, files, 
papers, or property for a longer period under 
section 3523(c) of title 31, United States Code. 
‘‘(4) REPORT.—The Comptroller General shall 
prepare and submit to the President and the appro-
priate congressional committees a report that con-
tains the results of each audit, evaluation, or inves-
tigation conducted under this subsection, including 
any recommendations as the Comptroller General 
determines to be appropriate.’’. 
SEC. 102. MILLENNIUM CHALLENGE ADVISORY COUNCIL. 
Title VI of division D of the Consolidated Appropria-
tions Act, 2004 (Public Law 108–199; 22 U.S.C. 7701 
et seq.) is amended by adding at the end the following 
new section:
‘‘SEC. 620. MILLENNIUM CHALLENGE ADVISORY COUNCIL. 
‘‘(a) ESTABLISHMENT.—There is hereby established 
in the executive branch an advisory council to the Corpora-
tion to be known as the Millennium Challenge Advisory 
Council. 
‘‘(b) FUNCTIONS.—
‘‘(1) GENERAL FUNCTIONS.—The Council shall 
advise and consult with the Chief Executive Officer 
of the Corporation and the Board of Directors with 
respect to policies and programs designed to further 
the purposes of this division and shall periodically 
report to the Congress with respect to the activities 
of the Corporation. In addition, the Council shall re-
view on an annual basis the criteria and method-
ology used to determine eligibility of countries for 
assistance under this title and make recommenda-
tions to the Chief Executive Officer and the Board 
to improve the effectiveness of such criteria and 
methodology in order to achieve the purposes of this 
division. 
‘‘(2) ADDITIONAL
FUNCTIONS.—Members of 
the Council shall (subject to subsection (d)(1)) con-
duct on-site inspections, and make examinations, of 
the activities of the Corporation in the United States 
and in other countries in order to—
‘‘(A) evaluate the accomplishments of the 
Corporation; 
‘‘(B) assess the potential capabilities and 
the future role of the Corporation; 
‘‘(C) make recommendations to the Chief 
Executive Officer, the Board of Directors, and 
Congress, for the purpose of guiding the future 
direction of the Corporation and of helping to 
ensure that the purposes and programs of the 
Corporation are carried out in ways that are ec-
onomical, efficient, responsive to changing 
needs in developing countries and to changing 
relationships among people, and in accordance 
with law; 
‘‘(D) make such other evaluations, assess-
ments, and recommendations as the Council 
considers appropriate. 
‘‘(3) PUBLIC
PARTICIPATION.—The Council 
may provide for public participation in its activities, 
consistent with section 552b of title 5, United States 
Code. 
‘‘(c) MEMBERSHIP.—
‘‘(1) IN GENERAL.—The Council shall consist of 
seven individuals, who shall be appointed by the 
Chief Executive Officer, and who shall be broadly
representative of nongovernmental entities with ex-
pertise and interest in international trade and eco-
nomic development, including business and business 
associations, trade and labor unions, private and vol-
untary organizations, foundations, public policy or-
ganizations, academia, and other entities as the 
Chief Executive Officer determines appropriate. 
‘‘(2) ADDITIONAL REQUIREMENT.—No member 
appointed under paragraph (1) may be an officer or 
employee of the United States Government. 
‘‘(d) COMPENSATION.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a member of the Council—
‘‘(A) shall be paid compensation out of 
funds made available for the purposes of this 
title at the daily equivalent of the highest rate 
payable under section 5332 of title 5, United 
States Code, for each day (including travel 
time) during which the member is engaged in 
the actual performance of duties as a member 
of the Council; and 
‘‘(B) while away from the member’s home 
or regular place of business on necessary travel, 
as determined by the Chief Executive Officer, in 
the actual performance of duties as a member
of the Council, shall be paid per diem, travel, 
and transportation expenses in the same man-
ner as is provided under subchapter I of chap-
ter 57 of title 5, United States Code. 
‘‘(2) LIMITATION.—A member of the Council 
may not be paid compensation under paragraph 
(1)(A) for more than thirty days in any calendar 
year. 
‘‘(e) QUORUM.—A majority of the members of the 
Council shall constitute a quorum for the purposes of 
transacting any business. 
‘‘(f) FINANCIAL INTERESTS OF MEMBERS.—A mem-
ber of the Council shall disclose to the Chairperson of the 
Council and the Chief Executive Officer of the existence 
of any direct or indirect financial interest of that member 
in any particular matter before the Council and may not 
vote or otherwise participate as a Council member with 
respect to that particular matter. 
‘‘(g) CHAIRPERSON.—The Chief Executive Officer 
shall designate one of the members of the Council as 
Chairperson, who shall serve in that capacity for a term 
of two years. The Chief Executive Officer may renew the 
term of the member appointed as Chairperson under the 
preceding sentence. 
‘‘(h) MEETINGS; BYLAWS AND REGULATIONS.—
‘‘(1) MEETINGS.—The Council shall hold a reg-
ular meeting during each calendar quarter and shall 
meet at the call of the President, the Chief Execu-
tive Officer, the Chairperson of the Board, the 
Chairperson of the Council, or two members of the 
Council. 
‘‘(2) BYLAWS AND REGULATIONS.—The Council 
shall prescribe such bylaws and regulations as it 
considers necessary to carry out its functions. Such 
bylaws and regulations shall include procedures for 
fixing the time and place of meetings, giving or 
waiving of notice of meetings, and keeping of min-
utes of meetings. 
‘‘(i) REPORT TO THE PRESIDENT, CHIEF EXECUTIVE 
OFFICER, AND BOARD.—
‘‘(1) REPORT.—Not later than January 1, 
2005, and not later than January 1 of each year 
thereafter that the Corporation is in existence, the 
Council shall submit to the President, the Chief Ex-
ecutive Officer, and the Board a report on its views 
on the programs and activities of the Corporation. 
‘‘(2) CONTENTS.—Each report shall contain a 
summary of the advice and recommendations pro-
vided by the Council to the Chief Executive Officer 
and the Board during the period covered by the re-
port and such recommendations (including rec-
ommendations for administrative or legislative ac-
tion) as the Council considers appropriate to make 
to the Congress. 
‘‘(3) ADDITIONAL
REQUIREMENT.—Not later 
than 90 days after receiving each such report, the 
Chief Executive Officer shall transmit to Congress a 
copy of the report, together with any comments con-
cerning the report that the Chief Executive Officer 
considers appropriate. 
‘‘(j) ADMINISTRATIVE ASSISTANCE.—The Chief Ex-
ecutive Officer shall make available to the Council such 
personnel, administrative support services, and technical 
assistance as are necessary to carry out its functions effec-
tively. 
‘‘(k) TERMINATION.—Section 14(a)(2)(B) of the 
Federal Advisory Committee Act (5 U.S.C. App.; relating 
to the termination of advisory committees) shall not apply 
to the Council. Notwithstanding section 102 of this Act, 
the authorities of the Council shall terminate on December 
31, 2007.’’. 
SEC. 103. FINDINGS; STATEMENT OF POLICY. 
Title VI of division D of the Consolidated Appropria-
tions Act, 2004 (Public Law 108–199; 22 U.S.C. 7701