[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2845 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 706
114th CONGRESS
  2d Session
                                H. R. 2845


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 8, 2016

Received; read twice and referred to the Committee on Foreign Relations

                            December 7, 2016

               Reported by Mr. Corker, with an amendment
                  [Insert the part printed in italic]

_______________________________________________________________________

                                 AN ACT


 
To promote access to benefits under the African Growth and Opportunity 
                      Act, 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.

    This Act may be cited as the ``AGOA Enhancement Act of 2015''.

SEC. 2. STATEMENT OF POLICY.

    It is the policy of the United States to support efforts to--
            (1) improve the rule of law, promote free and fair 
        elections, strengthen and expand the private sector, and fight 
        corruption in sub-Saharan Africa; and
            (2) promote the role of women in social, political, and 
        economic development in sub-Saharan Africa.

SEC. 3. ACTIVITIES IN SUPPORT OF TRANSPARENCY.

    (a) AGOA Website.--
            (1) In general.--The President shall establish a website 
        for the collection and dissemination of information regarding 
        the African Growth and Opportunity Act (in this section 
        referred to as the ``AGOA website'').
            (2) Contents.--The President shall publish on the AGOA 
        website the information described in paragraph (1), including--
                    (A) information and technical assistance provided 
                at United States Agency for International Development 
                regional trade hubs; and
                    (B) a link to websites of United States embassies 
                located in eligible sub-Saharan African countries.
            (3) Actions by united states embassies.--The Secretary of 
        State should direct United States embassies located in eligible 
        sub-Saharan African countries to--
                    (A) promote the use by such countries of the 
                benefits available under the African Growth and 
                Opportunity Act; and
                    (B) include on a publicly available Internet 
                website of such diplomatic missions a link to the AGOA 
                website.
    (b) AGOA Forum.--The President should, after each meeting of the 
United States-Sub-Saharan Africa Trade and Economic Cooperation Forum, 
publish on the AGOA website established under subsection (a) the 
following:
            (1) All outcomes of the meeting of the Forum, including any 
        commitments made by member countries and the private sector.
            (2) An assessment of progress made with respect to any 
        commitments made by member countries and the private sector 
        from the previous meeting of the Forum.
    (c) Other Information.--The President should disseminate 
information required by this section in a digital format to the public 
and publish such information on the AGOA website established under 
subsection (a).
    (d) Definition.--In this section, the term ``eligible sub-Saharan 
African country'' means a country that the President has determined 
meets the eligibility requirements set forth in section 104 of the 
African Growth and Opportunity Act.

SEC. 4. ACTIVITIES IN SUPPORT OF TRADE CAPACITY BUILDING.

    (a) In General.--The President should take the following actions:
            (1) Develop and implement policies to--
                    (A) encourage and facilitate trans-boundary 
                cooperation among eligible sub-Saharan African 
                countries in order to facilitate trade; and
                    (B) encourage the provision of technical assistance 
                to eligible sub-Saharan African countries to establish 
                and sustain adequate trade capacity development.
            (2) Provide specific training for business in eligible sub-
        Saharan African countries and government trade officials of 
        eligible sub-Saharan African countries on utilizing access to 
        the benefits of the African Growth and Opportunity Act and 
        other trade preference programs.
            (3) Provide capacity building for African entrepreneurs and 
        trade associations on production strategies, quality standards, 
        formation of cooperatives, and market research and market 
        development.
            (4) Provide capacity building training to promote 
        diversification of African products and value-added processing.
            (5) Provide capacity building and technical assistance 
        funding for African businesses and institutions to help such 
        businesses and institutions comply with United States counter-
        terrorism initiatives and policies.
    (b) Definition.--In this section, the term ``eligible sub-Saharan 
African country'' means a country that the President has determined 
meets the eligibility requirements set forth in section 104 of the 
African Growth and Opportunity Act.

SEC. 5. CONCURRENT COMPACTS UNDER THE MILLENNIUM CHALLENGE ACT OF 2003.

    (a) In General.--Section 609 of the Millennium Challenge Act of 
2003 (22 U.S.C. 7708) is amended--
            (1) by striking the first sentence of subsection (k);
            (2) by redesignating subsection (k) (as so amended) as 
        subsection (l); and
            (3) by inserting after subsection (j) the following:
    ``(k) Concurrent Compacts.--An eligible country that has entered 
into and has in effect a Compact under this section may enter into and 
have in effect at the same time not more than one additional Compact in 
accordance with the requirements of this title if--
            ``(1) one or both of the Compacts are or will be for 
        purposes of regional economic integration, increased regional 
        trade, or cross-border collaborations; and
            ``(2) the Board determines that the country is making 
        considerable and demonstrable progress in implementing the 
        terms of the existing Compact and supplementary agreements 
        thereto.''.
    (b) Conforming Amendment.--Section 613(b)(2)(A) of such Act (22 
U.S.C. 7712(b)(2)(A)) is amended by striking ``the'' before ``Compact'' 
and inserting ``any''.
    (c) Applicability.--The amendments made by this section apply with 
respect to Compacts entered into between the United States and an 
eligible country under the Millennium Challenge Act of 2003 before, on, 
or after the date of the enactment of this Act.

SEC. 6. MILLENNIUM CHALLENGE CORPORATION.

    (a) Short Title.--This section may be cited as the ``Millennium 
Compacts for Regional Economic Integration Act'' or the ``M-CORE Act''.
    (b) Purpose.--The purpose of this section is to further enhance the 
transparency and accelerate the impact of the Millennium Challenge 
Corporation.
    (c) Candidacy Status.--
            (1) Low income countries.--Section 606(a) of the Millennium 
        Challenge Act of 2003 (22 U.S.C. 7705(a)) is amended--
                    (A) in paragraph (1)(B), by striking ``(3)'' and 
                inserting ``(4)'';
                    (B) in paragraph (2)--
                            (i) by amending the paragraph heading to 
                        read as follows: ``Fiscal years 2005 through 
                        2012''; and
                            (ii) by striking ``fiscal year 2005 or a 
                        subsequent fiscal year'' and inserting ``each 
                        of fiscal years 2005 through 2012'';
                    (C) by redesignating paragraph (3) as paragraph 
                (4); and
                    (D) by inserting after paragraph (2) the following:
            ``(3) Fiscal year 2013 and subsequent fiscal years.--A 
        country shall be a candidate country for purposes of 
        eligibility for assistance for fiscal year 2013 or a subsequent 
        fiscal year if the country--
                    ``(A) has a per capita income equal to or less than 
                the lower middle income country threshold established 
                by the International Bank for Reconstruction and 
                Development for such fiscal year;
                    ``(B) is among the 75 countries identified by the 
                International Bank for Reconstruction and Development 
                as having the lowest per capita income; and
                    ``(C) meets the requirements under paragraph 
                (1)(B).''.
            (2) Lower middle income countries.--Section 606(b) of the 
        Millennium Challenge Act of 2003 (22 U.S.C. 7705(b)) is 
        amended--
                    (A) in paragraph (1)--
                            (i) by amending the paragraph heading to 
                        read as follows: ``Fiscal years 2006 through 
                        2012''; and
                            (ii) in the matter preceding subparagraph 
                        (A), by striking ``fiscal year 2006 or a 
                        subsequent fiscal year'' and inserting ``fiscal 
                        years 2006 through 2012'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3); and
                    (C) by inserting after paragraph (1) the following:
            ``(2) Fiscal year 2013 and subsequent fiscal years.--In 
        addition to the countries described in subsection (a), a 
        country shall be a candidate country for purposes of 
        eligibility for assistance for fiscal year 2013 or a subsequent 
        fiscal year if the country--
                    ``(A) has a per capita income equal to or less than 
                the lower middle income country threshold established 
                by the International Bank for Reconstruction and 
                Development for the fiscal year;
                    ``(B) is not among the 75 countries identified by 
                the International Bank for Reconstruction and 
                Development as having the lowest per capita income; and
                    ``(C) meets the requirements under subsection 
                (a)(1)(B).''.
            (3) Reclassification.--Section 606 of the Millennium 
        Challenge Act of 2003 (22 U.S.C. 7705) is amended--
                    (A) by redesignating subsection (c) as subsection 
                (d); and
                    (B) by inserting after subsection (b) the 
                following:
    ``(c) Treatment of Countries With Per Capita Income Changes.--A 
country qualifying for candidate status under this section with a per 
capita income that changes during the fiscal year such that the country 
would be reclassified from a low income country to a lower middle 
income country or from a lower middle income country to a low income 
country shall retain its candidacy status in its former income 
classification for such fiscal year and the two subsequent fiscal 
years.''.
    (d) Carryover Authority for Private Sector Members of Board of 
Directors.--Section 604(c)(4)(B) of the Millennium Challenge Act of 
2003 (22 U.S.C. 7703(c)(4)(B)) is amended to read as follows:
                    ``(B) Other members.--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 one year 
                                after the expiration of his or her 
                                appointment or reappointment, as the 
                                case may be.''.
    (e) Public Notification of Entering Into a Compact.--Section 610 of 
the Millennium Challenge Act of 2003 (22 U.S.C. 7709(b)) is amended to 
read as follows:

``SEC. 610. CONGRESSIONAL AND PUBLIC NOTIFICATION.

    ``(a) Congressional Consultations and Notifications.--
            ``(1) In general.--The Board, acting through the Chief 
        Executive Officer, shall consult with and notify the 
        appropriate congressional committees not later than 15 days 
        before taking any of the actions described in paragraph (2).
            ``(2) Actions described.--The actions described in this 
        paragraph are--
                    ``(A) providing assistance for an eligible country 
                under section 609(g);
                    ``(B) commencing negotiations with an eligible 
                country to provide assistance for--
                            ``(i) a Compact under section 605; or
                            ``(ii) an agreement under section 616;
                    ``(C) signing such a Compact or agreement; and
                    ``(D) terminating assistance under such a Compact 
                or agreement.
            ``(3) Economic justification.--Any notification relating to 
        the intent to negotiate or sign a Compact shall include a 
        report describing the projected economic justification for the 
        Compact, including, as applicable--
                    ``(A) the expected economic rate of return of the 
                Compact;
                    ``(B) a cost-benefit analysis of the Compact;
                    ``(C) a description of the impact on beneficiary 
                populations;
                    ``(D) the likelihood that the investment will 
                catalyze private sector investments; and
                    ``(E) any other applicable economic factors that 
                justify each project to be funded under such a Compact 
                to the extent practicable and appropriate.
            ``(4) Risk management plan.--Not later than 60 days before 
        signing each concurrent Compact, as authorized under section 
        609, the Board, acting through the Chief Executive Officer, 
        shall consult with and provide to the appropriate congressional 
        committees--
                    ``(A) an assessment and, as appropriate, the 
                identification of potential measures to mitigate risks, 
                of--
                            ``(i) the countries' commitment to regional 
                        integration and cross-border cooperation and 
                        capacity to carry out commitments;
                            ``(ii) political and policy risks, 
                        including risks that could affect country 
                        eligibility;
                            ``(iii) risks associated with realizing 
                        economic returns;
                            ``(iv) time and completion risks; and
                            ``(v) cost and financial risks; and
                    ``(B) an assessment of measures to be taken to 
                mitigate any identified risks, including--
                            ``(i) securing other potential donors to 
                        finance projects or parts of projects as 
                        needed; and
                            ``(ii) partnering with regional 
                        organizations to support and oversee effective 
                        cross-border cooperation.
    ``(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, shall--
            ``(1) publish the text of the Compact on the Internet 
        website of the Corporation;
            ``(2) provide the appropriate congressional committees with 
        a detailed summary of the Compact and, upon request, the text 
        of the Compact; and
            ``(3) publish in the Federal Register a detailed summary of 
        the Compact and a notice of availability of the text of the 
        Compact on the Internet website of the Corporation.''.
    (f) Disclosure.--
            (1) Requirement for timely disclosure.--Section 612(a) of 
        the Millennium Challenge Act of 2003 (22 U.S.C. 7711(a)) is 
        amended--
                    (A) in the subsection heading, by inserting 
                ``Timely'' before ``Disclosure''; and
                    (B) in the matter preceding paragraph (1)--
                            (i) by striking ``The Corporation'' and 
                        inserting ``Not later than 90 days after the 
                        last day of each fiscal quarter, the 
                        Corporation''; and
                            (ii) by striking ``on at least a quarterly 
                        basis,''.
            (2) Dissemination.--Section 612(b) of the Millennium 
        Challenge Act of 2003 (22 U.S.C. 7711(b)) is amended to read as 
        follows:
    ``(b) Dissemination.--The Board, acting through the Chief Executive 
Officer, shall make the information required to be disclosed under 
subsection (a) available to the public--
            ``(1) by publishing it on the Internet website of the 
        Corporation;
            ``(2) by providing notice of the availability of such 
        information in the Federal Register; and
            ``(3) by any other methods that the Board determines to be 
        appropriate.''.
    (g) Restriction on the Use of Assistance Under Section 616.--
Section 616(d) of the Millennium Challenge Act of 2003 (22 U.S.C. 
7715(d)) is amended to read as follows:
    ``(d) Funding.--
            ``(1) Fiscal year 2004.--Not more than 10 percent of the 
        amount appropriated pursuant to the authorization of 
        appropriations under section 619(a) for fiscal year 2004 is 
        authorized to be made available to carry out this section.
            ``(2) Restriction relating to assistance.--None of the 
        funds authorized to carry out the purposes of this Act shall be 
        available for assistance under this section to a country that 
        does not qualify as a candidate country under section 606 for 
        the fiscal year during which such assistance is provided.''.
    (h) Additional Reporting to the Board on the Treatment of Civil 
Society in an Eligible Country.--Section 607 of the Millennium 
Challenge Act of 2003 (22 U.S.C. 7706) is amended--
            (1) in subsection (b)(1)--
                    (A) in subparagraph (D), by striking ``and'' at the 
                end;
                    (B) in subparagraph (E), by adding ``and'' at the 
                end; and
                    (C) by adding at the end the following:
                    ``(F) the quality of the civil society enabling 
                environment;'';
            (2) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (3) by inserting after subsection (c) the following:
    ``(d) Reporting on Treatment of Civil Society.--Before the Board 
selects an eligible country for a Compact under subsection (c), the 
Corporation shall provide information to the Board regarding the 
country's treatment of civil society, including classified information, 
as appropriate. The information shall include an assessment and 
analysis of factors including--
            ``(1) any relevant laws governing the formation or 
        establishment of a civil society organization, particularly 
        laws intended to curb the activities of foreign civil society 
        organizations;
            ``(2) any relevant laws governing the operations of a civil 
        society organization, particularly those laws seeking to define 
        or otherwise regulate the actions of foreign civil society 
        organizations;
            ``(3) laws relating to the legal status of civil society 
        organizations, including laws which effectively discriminate 
        against foreign civil society organizations as compared to 
        similarly situated domestic organizations;
            ``(4) laws regulating the freedom of expression and 
        peaceful assembly; and
            ``(5) laws regulating the usage of the Internet, 
        particularly by foreign civil society organizations.''.
    (i) Study on Subnational Compacts.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Millennium Challenge Corporation 
        shall submit a study to the appropriate congressional 
        committees that assesses the feasibility and desirability of 
        developing partnerships at the subnational level within 
        candidate countries that would be complementary to, and, as 
        applicable, concurrent with, any Millennium Challenge 
        Corporation national-level or regional investments.
            (2) Content.--The study required under paragraph (1) shall 
        examine--
                    (A) the extent to which targeting investments at 
                the subnational level might provide new opportunities 
                for reducing poverty through economic growth;
                    (B) the extent to which traditional approaches to 
                defining poverty may not adequately capture the nature 
                of poverty within a country;
                    (C) the types of subnational entities that might be 
                appropriate partners for subnational Millennium 
                Challenge Corporation compacts;
                    (D) how candidates for subnational partners might 
                best be identified; and
                    (E) what role each national government should play 
                in creating or implementing a subnational partnership.
            (3) Defined term.--In this subsection, the term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Committee on Appropriations of the Senate;
                    (C) the Committee on Foreign Affairs of the House 
                of Representatives; and
                    (D) the Committee on Appropriations of the House of 
                Representatives.
                                                       Calendar No. 706

114th CONGRESS

  2d Session

                               H. R. 2845

_______________________________________________________________________

                                 AN ACT

To promote access to benefits under the African Growth and Opportunity 
                      Act, and for other purposes.

_______________________________________________________________________

                            December 7, 2016

                       Reported with an amendment