Title 22Foreign Relations and IntercourseRelease 119-73

§7703 Establishment and management of the Millennium Challenge Corporation

Title 22 › Chapter CHAPTER 84— - MILLENNIUM CHALLENGE › § 7703

Last updated Apr 6, 2026|Official source

Summary

Creates the Millennium Challenge Corporation inside the executive branch as a government-owned corporation to run the programs in this chapter. The President appoints the Chief Executive Officer with the Senate’s approval. Until that happens, the Board can unanimously pick a temporary acting official who already holds a Senate-confirmed federal job. The CEO reports to the Board, runs the Corporation, hires the staff with the Board’s approval, is paid at the rate for level II of the Executive Schedule (section 5313 of title 5), and has the same rank as a Deputy Secretary. Creates a Board of Directors that carries out Board duties in the chapter and sets its own rules. The Board includes the Secretary of State (who is the Chair), the Secretary of the Treasury, the USAID Administrator, the Corporation CEO, the U.S. Trade Representative, and four other presidential appointees with international experience who must be confirmed by the Senate. Each of those four must come from lists sent by the House and Senate majority and minority leaders (one each). Agency members serve while they hold their jobs. The four appointees serve 3 years, may be reappointed for 2 more years, and may stay until a successor is named or up to 1 year after their term ends. Vacancies are filled the same way. The Chair calls meetings. A majority is a quorum, and normally at least one of the four appointees must be part of that majority, except during the 135-day period beginning January 23, 2004. Agency members get no extra pay but get travel expenses. The four appointees get a daily pay rate equal to the highest rate under section 5332 of title 5 for days worked, plus travel and per diem, but not for more than 90 days in a year.

Full Legal Text

Title 22, §7703

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)There is established in the executive branch a corporation to be known as the “Millennium Challenge Corporation” that shall be responsible for carrying out this chapter. The Corporation shall be a government corporation, as defined in section 103 of title 5.
(b)(1)There shall be in the Corporation a Chief Executive Officer who shall be responsible for the management of the Corporation.
(2)(A)Except as provided in subparagraph (B), the Chief Executive Officer shall be appointed by the President, by and with the advice and consent of the Senate.
(B)The members of the Board of Directors described in subsection (c)(3)(A) may designate by unanimous consent in writing an individual who is an officer within any Federal department or agency (and who has been appointed to such position by the President, by and with the advice and consent of the Senate) to carry out the duties described in this subsection until the Chief Executive Officer is appointed pursuant to subparagraph (A).
(3)The Chief Executive Officer shall report to and be under the direct authority of the Board.
(4)(A)The Chief Executive Officer shall be compensated at the rate provided for level II of the Executive Schedule under section 5313 of title 5 and shall have the equivalent rank of Deputy Secretary.
(B)
(5)The Chief Executive Officer shall be responsible for the management of the Corporation and shall exercise the powers and discharge the duties of the Corporation.
(6)In consultation and with approval of the Board, the Chief Executive Officer shall appoint all officers of the Corporation.
(c)(1)There shall be in the Corporation a Board of Directors.
(2)The Board shall perform the functions specified to be carried out by the Board in this chapter and 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.
(3)The Board shall consist of—
(A)the Secretary of State, the Secretary of the Treasury, the Administrator of the United States Agency for International Development, the Chief Executive Officer of the Corporation, and the United States Trade Representative; and
(B)four other individuals with relevant international experience who shall be appointed by the President, by and with the advice and consent of the Senate, of which—
(i)one individual should be appointed from among a list of individuals submitted by the majority leader of the House of Representatives;
(ii)one individual should be appointed from among a list of individuals submitted by the minority leader of the House of Representatives;
(iii)one individual should be appointed from among a list of individuals submitted by the majority leader of the Senate; and
(iv)one individual should be appointed from among a list of individuals submitted by the minority leader of the Senate.
(4)(A)Each member of the Board described in paragraph (3)(A) shall serve for a term that is concurrent with the term of service of the individual’s position as an officer within the other Federal department or agency.
(B)Each member of the Board described in paragraph (3)(B)—
(i)shall be appointed for a term of 3 years;
(ii)may be reappointed for a term of an additional 2 years; and
(iii)may continue to serve in each such appointment until the earlier of—
(I)the date on which his or her successor is appointed; or
(II)the date that is 1 year after the expiration of his or her appointment or reappointment, as the case may be.
(C)A vacancy in the Board shall be filled in the manner in which the original appointment was made.
(5)There shall be a Chairperson of the Board. The Secretary of State shall serve as the Chairperson.
(6)A majority of the members of the Board shall constitute a quorum, which, except with respect to a meeting of the Board during the 135-day period beginning on January 23, 2004, shall include at least one member of the Board described in paragraph (3)(B).
(7)The Board shall meet at the call of the Chairperson.
(8)(A)(i)A member of the Board described in paragraph (3)(A) may not receive additional pay, allowances, or benefits by reason of the member’s service on the Board.
(ii)Each such member of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5.
(B)(i)Except as provided in clause (ii), a member of the Board described in paragraph (3)(B)—
(I)shall be paid compensation out of funds made available for the purposes of this chapter at the daily equivalent of the highest rate payable under section 5332 of title 5 for each day (including travel time) during which the member is engaged in the actual performance of duties as a member of the Board; and
(II)while away from the member’s home or regular place of business on necessary travel in the actual performance of duties as a member of the Board, shall be paid per diem, travel, and transportation expenses in the same manner as is provided under subchapter I of chapter 57 of title 5.
(ii)A member of the Board may not be paid compensation under clause (i)(II) for more than 90 days in any calendar year.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (c)(2), (8)(B)(i)(I), was in the original “this title”, meaning title VI of Pub. L. 108–199, div. D, Jan. 23, 2004, 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. Codification Section is comprised of section 604 of div. D of Pub. L. 108–199. Subsec. (b)(4)(B) of section 604 of div. D of Pub. L. 108–199 amended section 5313 of Title 5, Government Organization and Employees.

Amendments

2018—Subsec. (c)(4)(B). Pub. L. 115–167 amended subpar. (B) generally. Prior to amendment, text read as follows: “Each member of the Board described in paragraph (3)(B) shall be appointed for a term of 3 years and may be reappointed for a term of an additional 2 years.”

Reference

Citations & Metadata

Citation

22 U.S.C. § 7703

Title 22Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73