S1240-118

1. Short title This Act may be cited as the Millennium Challenge Corporation Candidate Country Reform Act.

2. Modifications of requirements to become a candidate country Section 606 of the Millennium Challenge Act of 2003 (22 U.S.C. 7705) is amended to read as follows: A country shall be a candidate country for purposes of eligibility to receive assistance under section 605 if— the per capita income of the country in a fiscal year is equal to or less than the World Bank threshold for initiating the International Bank for Reconstruction and Development graduation process for the fiscal year; and subject to subsection (b), the country is not ineligible to receive United States economic assistance under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) by reason of the application of any provision of the Foreign Assistance Act of 1961 or any other provision of law. For the purposes of determining whether a country is eligible, pursuant to subsection (a)(2), to receive assistance under section 605, the exercise by the President, the Secretary of State, or any other officer or employee of the United States Government of any waiver or suspension of any provision of law referred to in subsection (a)(2), and notification to the appropriate congressional committees in accordance with such provision of law, shall be construed as satisfying the requirements under subsection (a). The Board shall determine whether a country is a candidate country for purposes of this section. 606.Candidate countries(a)In generalA country shall be a candidate country for purposes of eligibility to receive assistance under section 605 if—(1)the per capita income of the country in a fiscal year is equal to or less than the World Bank threshold for initiating the International Bank for Reconstruction and Development graduation process for the fiscal year; and(2)subject to subsection (b), the country is not ineligible to receive United States economic assistance under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) by reason of the application of any provision of the Foreign Assistance Act of 1961 or any other provision of law.(b)Rule of constructionFor the purposes of determining whether a country is eligible, pursuant to subsection (a)(2), to receive assistance under section 605, the exercise by the President, the Secretary of State, or any other officer or employee of the United States Government of any waiver or suspension of any provision of law referred to in subsection (a)(2), and notification to the appropriate congressional committees in accordance with such provision of law, shall be construed as satisfying the requirements under subsection (a).(c)Determination by the BoardThe Board shall determine whether a country is a candidate country for purposes of this section..

606. Candidate countries A country shall be a candidate country for purposes of eligibility to receive assistance under section 605 if— the per capita income of the country in a fiscal year is equal to or less than the World Bank threshold for initiating the International Bank for Reconstruction and Development graduation process for the fiscal year; and subject to subsection (b), the country is not ineligible to receive United States economic assistance under part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) by reason of the application of any provision of the Foreign Assistance Act of 1961 or any other provision of law. For the purposes of determining whether a country is eligible, pursuant to subsection (a)(2), to receive assistance under section 605, the exercise by the President, the Secretary of State, or any other officer or employee of the United States Government of any waiver or suspension of any provision of law referred to in subsection (a)(2), and notification to the appropriate congressional committees in accordance with such provision of law, shall be construed as satisfying the requirements under subsection (a). The Board shall determine whether a country is a candidate country for purposes of this section.

3. Conforming amendments Section 608(a)(1) of the Millennium Challenge Act of 2003 (22 U.S.C. 7707(a)(1)) is amended by striking section 606(a)(1)(B) and inserting section 606(a)(2). Section 609(b)(2) of such Act (22 U.S.C. 7708(b)(2)) is amended— by amending the paragraph heading to read as follows: Country contributions; and by striking with respect to a lower middle income country described in section 606(b),. Section 616(b)(1) of such Act (22 U.S.C. 7715(b)(1)) is amended by striking subsection (a) or (b) of section 606 and inserting section 606(a).

4. Modification to factors in determining eligibility Section 607(c)(2) of the Millennium Challenge Act of 2003 (22 U.S.C. 7706(c)(2)) is amended in the matter preceding subparagraph (A) by striking consider and inserting prioritize need and impact by considering.