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H.R. 4559 (ih) To extend the Brady Law to firearms won in lotteries. [Introduced in House] ...


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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 Challenge 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, evaluations, 
    and investigations of the Millennium Challenge Corporation, to 
 establish the Millennium Challenge Advisory Council, to transfer the 
Millennium Challenge program to the Foreign Assistance Act of 1961, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives 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 Consolidated 
Appropriations Act, 2004 (Public Law 108-199; 22 U.S.C. 7713) is 
amended by adding at the end the following 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 Corporation.
            ``(2) Scope.--In carrying out this subsection, the 
        Comptroller General may conduct audits, evaluations, and 
        investigations of the activities and financial transactions of 
        the Corporation for any fiscal year during which Federal funds 
        are available to finance 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 General shall 
                conduct an audit, evaluation, or investigation under 
                this subsection at the place or places where pertinent 
                information of the Corporation is normally kept.
                    ``(B) Access to documents.--In conducting 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 afforded full 
                facilities for verifying transactions with the balances 
                and securities held by depositories, fiscal agents, and 
                custodians of the Corporation.
                    ``(C) Rule of construction.--All books, accounts, 
                financial records, reports, files, and other papers or 
                property belonging to or in use by the Corporation 
                shall remain in the possession and custody of the 
                Corporation throughout the period beginning on the date 
                such possession or custody commences and ending three 
                years after such date, but the General Accounting 
                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 appropriate congressional 
        committees a report that contains the results of each audit, 
        evaluation, or investigation 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 Appropriations 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 Corporation 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 
        review on an annual basis the criteria and methodology used to 
        determine eligibility of countries for assistance under this 
        title and make recommendations 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)) conduct 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 economical, efficient, responsive to changing 
                needs in developing countries and to changing 
                relationships among people, and in accordance with law;
                    ``(D) make such other evaluations, assessments, 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 expertise and interest in 
        international trade and economic development, including 
        business and business associations, trade and labor unions, 
        private and voluntary organizations, foundations, public policy 
        organizations, 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 paragraph (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 
                manner as is provided under subchapter I of chapter 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 member 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 regular meeting 
        during each calendar quarter and shall meet at the call of the 
        President, the Chief Executive 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 minutes 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 Executive 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 provided by the Council to the Chief 
        Executive Officer and the Board during the period covered by 
        the report and such recommendations (including recommendations 
        for administrative or legislative action) 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 concerning the report that the Chief Executive Officer 
        considers appropriate.
    ``(j) Administrative Assistance.--The Chief Executive Officer shall 
make available to the Council such personnel, administrative support 
services, and technical assistance as are necessary to carry out its 
functions effectively.
    ``(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 Appropriations Act, 2004 
(Public Law 108-199; 22 U.S.C. 7701 et seq.) is amended by inserting 
after section 601 the following new section:

``SEC. 601A. FINDINGS; STATEMENT OF POLICY.

    ``(a) Findings.--Congress finds the following:
            ``(1) A principal objective of United States foreign 
        assistance programs, as stated in section 101 of this Act, is 
        the `encouragement and sustained support of the people of 
        developing countries in their efforts to acquire the knowledge 
        and resources essential to development and to build the 
        economic, political, and social institutions which will improve 
        the quality of their lives'.
            ``(2) The expanding acceptance of free trade and open 
        markets and the spread of democracy and the rule of law have 
        brought a better way of life to an increasing number of people 
        in the world.
            ``(3) Inequalities between men and women undermine 
        development and poverty-reduction efforts in fundamental ways. 
        A woman's limited access to resources and restrictions on the 
        exercise of her rights, including the right to participate in 
        social and political processes, disables her from maximizing 
        her contribution to her family's health, education, and general 
        well-being.
            ``(4) On March 14, 2002, the President noted the successes 
        of development assistance programs: `The advances of free 
        markets and trade and democracy and rule of law have brought 
        prosperity to an ever-widening circle of people in this world. 
        During our lifetime, per capita income in the poorest countries 
        has nearly doubled. Illiteracy has been cut by one-third, 
        giving more children a chance to learn. Infant mortality has 
        been almost halved, giving more children a chance to live.'.
            ``(5) Development is neither an easy process nor a linear 
        one. There are successes and there are failures. Today, too 
        many people are still living in poverty, disease has eroded 
        many of the economic and social gains of previous decades, and 
        many countries have not adopted policies, for a variety of 
        reasons, that would enable them to compete in an open and 
        equitable international economic system.
            ``(6) More countries and more people will be able to 
        participate in and benefit from the opportunities afforded by 
        the global economy if the following conditions for sound and 
        sustainable economic development are met:
                    ``(A) Security.--Security is necessary for economic 
                development. Persistent poverty and oppression can lead 
                to hopelessness, despair, and to failed states that 

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