H. R. 2673—218
(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.—Notwith-
standing 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 Com-
pact shall be approved by the Board before the United States
enters into the Compact.
(i) INCREASE
OR EXTENSION
OF ASSISTANCE UNDER
A COM-
PACT.—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 congres-
sional committees a written report and justification that con-
tains a detailed summary of the proposed increase in or exten-
sion 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 justifica-
tion 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) SUBSEQUENT
COMPACTS.—An eligible country and the
United States may enter into and have in effect only one Compact
at any given time under this section. An eligible country and
the United States may enter into one or more subsequent Compacts
in accordance with the requirements of this title after the expiration
of the existing Compact.
SEC. 610. CONGRESSIONAL AND PUBLIC NOTIFICATION OF COMPACT.
(a) CONGRESSIONAL CONSULTATION PRIOR TO COMPACT NEGO-
TIATIONS.—Not later than 15 days prior to the start of negotiations
of a Compact with an eligible country, the Board, acting through
the Chief Executive Officer—
(1) shall consult with the appropriate congressional commit-
tees with respect to the proposed Compact negotiation; and
(2) shall identify the objectives and mechanisms to be used
for the negotiation of the Compact.
(b) CONGRESSIONAL AND PUBLIC NOTIFICATION AFTER ENTERING
INTO A COMPACT.—Not later than 10 days after entering into a
Compact with an eligible country, the Board, acting through the
Chief Executive Officer—
(1) shall provide notification of the Compact to the appro-
priate congressional committees, including a detailed summary
of the Compact and a copy of the text of the Compact; and
(2) shall publish such detailed summary and the text of
the Compact in the Federal Register and on the Internet
website of the Corporation.
SEC. 611. SUSPENSION AND TERMINATION OF ASSISTANCE.
(a) SUSPENSION AND TERMINATION OF ASSISTANCE.—After con-
sultation with the Board, the Chief Executive Officer may suspend
H. R. 2673—219
or terminate assistance in whole or in part for a country or entity
under section 605 if the Chief Executive Officer determines that—
(1) the country or entity is engaged in activities which
are contrary to the national security interests of the United
States;
(2) the country or entity has engaged in a pattern of actions
inconsistent with the criteria used to determine the eligibility
of the country or entity, as the case may be; or
(3) the country or entity has failed to adhere to its respon-
sibilities under the Compact.
(b) REINSTATEMENT.—The Chief Executive Officer may reinstate
assistance for a country or entity under section 605 only if the
Chief Executive Officer determines that the country or entity has
demonstrated a commitment to correcting each condition for which
assistance was suspended or terminated under subsection (a).
(c) CONGRESSIONAL NOTIFICATION.—Not later than 3 days after
the date on which the Chief Executive Officer suspends or termi-
nates assistance under subsection (a) for a country or entity, or
reinstates assistance under subsection (b) for a country or entity,
the Chief Executive Officer shall submit to the appropriate congres-
sional committees a report that contains the determination of the
Chief Executive Officer under subsection (a) or subsection (b), as
the case may be.
(d) RULE
OF CONSTRUCTION.—The authority to suspend or
terminate assistance under this section includes the authority to
suspend or terminate obligations and sub-obligations.
SEC. 612. DISCLOSURE.
(a) REQUIREMENT
FOR DISCLOSURE.—The Corporation shall
make available to the public on at least a quarterly basis, the
following information:
(1) For assistance provided under section 605—
(A) the name of each entity to which assistance is
provided;
(B) the amount of assistance provided to the entity;
and
(C) a description of the program or project, including—
(i) a description of whether the program or project
was solicited or unsolicited; and
(ii) a detailed description of the objectives and
measures for results of the program or project.
(2) For funds allocated or transferred under section
619(b)—
(A) the name of each United States Government agency
to which such funds are transferred or allocated;
(B) the amount of funds transferred or allocated to
such agency; and
(C) a description of the program or project to be carried
out by such agency with such funds.
(b) DISSEMINATION.—The information required to be disclosed
under subsection (a) shall be made available to the public by means
of publication in the Federal Register and on the Internet website
of the Corporation, as well as by any other methods that the
Board determines appropriate.
SEC. 613. ANNUAL REPORT.
(a) REPORT.—Not later than March 31, 2005, and each March
31 thereafter, the President shall submit to Congress a report
H. R. 2673—220
on the assistance provided under section 605 during the prior
fiscal year.
(b) CONTENTS.—The report shall include the following:
(1) The amount of obligations and expenditures for assist-
ance provided to each eligible country during the prior fiscal
year.
(2) For each eligible country, an assessment of—
(A) the progress made during each year by the country
toward achieving the objectives set out in the Compact
entered into by the country; and
(B) the extent to which assistance provided under sec-
tion 605 has been effective in helping the country to achieve
such objectives.
(3) A description of the coordination of assistance provided
under section 605 with other United States foreign assistance
and related trade policies.
(4) A description of the coordination of assistance provided
under section 605 with assistance provided by other donor
countries.
(5) Any other information the President considers relevant
with respect to assistance provided under section 605.
SEC. 614. POWERS OF THE CORPORATION; RELATED PROVISIONS.
(a) POWERS.—The Corporation—
(1) shall have perpetual succession unless dissolved by
a law enacted after the date of the enactment of this Act;
(2) may adopt, alter, and use a seal, which shall be
judicially noticed;
(3) may make and perform such contracts, grants, and
other agreements with any person or government however des-
ignated and wherever situated, as may be necessary for car-
rying out the functions of the Corporation;
(4) may determine and prescribe the manner in which
its obligations shall be incurred and its expenses allowed and
paid, including expenses for representation;
(5) may lease, purchase, or otherwise acquire, improve,
and use such real property wherever situated, as may be nec-
essary for carrying out the functions of the Corporation;
(6) may accept cash gifts or donations of services or of
property (real, personal, or mixed), tangible or intangible, for
the purpose of carrying out the provisions of this title;
(7) may use the United States mails in the same manner
and on the same conditions as the executive departments;
(8) 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;
(9) may hire or obtain passenger motor vehicles; and
(10) shall have such other powers as may be necessary
and incident to carrying out this title.
(b) PRINCIPAL OFFICE.—The Corporation shall maintain its prin-
cipal office in the metropolitan area of Washington, District of
Columbia.
(c) POSITIONS WITH FOREIGN GOVERNMENTS.—When approved
by the Chief Executive Officer, for purposes of implementing a
Compact, employees of the Corporation (including individuals
detailed to the Corporation) may accept and hold offices or positions
H. R. 2673—221
to which no compensation is attached with governments or govern-
mental agencies of foreign countries or with international organiza-
tions.
(d) OTHER AUTHORITIES.—Except to the extent inconsistent with
the provisions of this title, the administrative authorities contained
in the State Department Basic Authorities Act of 1956 (22 U.S.C.
2651a et seq.) and the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.) shall apply to the implementation of this title to
the same extent and in the same manner as such authorities
apply to the implementation of those Acts.
(e) APPLICABILITY
OF GOVERNMENT CORPORATION CONTROL
ACT.—
(1) IN
GENERAL.—The Corporation shall be subject to
chapter 91 of subtitle VI of title 31, United States Code, except
that the Corporation shall not be authorized to issue obligations
or offer obligations to the public.
(2) CONFORMING AMENDMENT.—Section 9101(3) of title 31,
United States Code, is amended by adding at the end the
following:
‘‘(Q) the Millennium Challenge Corporation.’’.
(f) INSPECTOR GENERAL.—
(1) IN
GENERAL.—The Inspector General of the United
States Agency for International Development shall serve as
Inspector General of the Corporation, and, in acting in such
capacity, may conduct reviews, investigations, and inspections
of all aspects of the operations and activities of the Corporation.
(2) AUTHORITY OF THE BOARD.—In carrying out the respon-
sibilities under this subsection, the Inspector General shall
report to and be under the general supervision of the Board.
(3) REIMBURSEMENT AND AUTHORIZATION OF SERVICES.—
(A) 
REIMBURSEMENT.—The 
Corporation 
shall
reimburse the United States Agency for International
Development for all expenses incurred by the Inspector
General in connection with the Inspector General’s respon-
sibilities under this subsection.
(B) AUTHORIZATION
FOR
SERVICES.—Of the amount
authorized to be appropriated under section 619(a) for a
fiscal year, up to $5,000,000 is authorized to be made
available to the Inspector General of the United States
Agency for International Development to conduct reviews,
investigations, and inspections of operations and activities
of the Corporation.
(g) SPECIAL ASSISTANCE.—
(1) IN GENERAL.—The Chief Executive Officer is authorized
to contract with any nongovernmental organization (including
a university, independent foundation, or other organization)
in the United States or in a candidate country, and, where
appropriate, directly with a governmental agency of any such
country, that is undertaking research aimed at improving data
related to eligibility criteria under this title with respect to
the country.
(2) FUNDING.—Of the amount authorized to be appropriated
under section 619(a) for a fiscal year, up to $5,000,000 is
authorized to be made available to carry out paragraph (1).