The Board shall determine whether a candidate country is an eligible country for purposes of this section. Such determination shall be based, to the maximum extent possible, upon objective and quantifiable indicators of a country's demonstrated commitment to the criteria in subsection (b), and shall, where appropriate, take into account and assess the role of women and girls.
A candidate country should be considered to be an eligible country for purposes of this section if the Board determines that the country has demonstrated a commitment to—
(1) just and democratic governance, including a demonstrated commitment to—
(A) promote political pluralism, equality, and the rule of law;
(B) respect human and civil rights, including the rights of people with disabilities;
(C) protect private property rights;
(D) encourage transparency and accountability of government; and
(E) combat corruption;
(2) economic freedom, including a demonstrated commitment to economic policies that—
(A) encourage citizens and firms to participate in global trade and international capital markets;
(B) promote private sector growth;
(C) strengthen market forces in the economy; and
(D) respect worker rights, including the right to form labor unions; and
(3) investments in the people of such country, particularly women and children, including programs that—
(A) promote broad-based primary education;
(B) strengthen and build capacity to provide quality public health and reduce child mortality; and
(C) promote the protection of biodiversity and the transparent and sustainable management and use of natural resources.
At the time the Board determines eligible countries under this section for a fiscal year, the Board shall select those eligible countries with respect to which the United States will initially seek to enter into a Millennium Challenge Compact pursuant to section 7708 of this title.
In selecting eligible countries under paragraph (1), the Board shall consider the following factors:
(A) The extent to which the country clearly meets or exceeds the eligibility criteria.
(B) The opportunity to reduce poverty and generate economic growth in the country.
(C) The availability of amounts to carry out this chapter.
The criteria and methodology submitted by the Board to Congress and published in the Federal Register under section 7707(b)(2) of this title with respect to a fiscal year shall remain fixed for purposes of eligibility determinations for such year.
As appropriate, the Board, acting through the Chief Executive Officer, shall review the eligibility criteria and methodology and modify such criteria and methodology in subsequent years consistent with section 7707(b) of this title.
(Pub. L. 108–199, div. D, title VI, §607, Jan. 23, 2004, 118 Stat. 216; Pub. L. 110–161, div. J, title VI, §699I(a), Dec. 26, 2007, 121 Stat. 2372.)
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