,,ii #aaeth ,,congress #ast ,session ,s4 #hcb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #e 7legislative day1 ,april #d71 #bjag,mr4 ,cardin 7for himself1 ,mr4 ,isakson1 and ,mr4 ,coons7 introduced the following bill2 which was read twice and referred to the ,committee on ,foreign ,relations ,a ,,bill ,to enhance the transparency and accelerate the impact of programs under the ,african ,growth and ,opportunity ,act and the ,millennium ,challenge ,corporation1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,african ,growth and ,opportunity ,act and ,millennium ,challenge ,act ,modernization ,act or the ,,agoa and ,,mca ,modernization ,act4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,,title ,i--,enhancement of the ,african ,growth and ,opportunity ,act ,sec4 #aja4 ,statement of policy4 ,sec4 #ajb4 ,definitions4 ,sec4 #ajc4 ,activities in support of transparency4 ,sec4 #ajd4 ,activities in support of trade capacity building4 ,,title ,,ii--,modernization of the ,millennium ,challenge ,corporation ,sec4 #bja4 ,candidacy status4 ,sec4 #bjb4 ,carryover authority for private sector members of board of directors4 ,sec4 #bjc4 ,additional reporting to the board on the treatment of civil society in an eligible country4 ,sec4 #bjd4 ,concurrent compacts under the ,millennium ,challenge ,act of #bjjc4 ,sec4 #bje4 ,public notification of entering into a compact4 ,sec4 #bjf4 ,disclosure4 ,sec4 #bjg4 ,restriction on the use of assistance under section #faf4 ,sec4 #bjh4 ,study on subnational compacts4 ,i ,enhancement of the ,african ,growth and ,opportunity ,act #aja4 ,statement of policy ,it is the policy of the ,united ,states to support efforts-- 7#a7 to improve the rule of law1 promote free and fair elections1 strengthen and expand the private sector1 and fight corruption in sub-,saharan ,africa2 and 7#b7 to promote the role of women in social1 political1 and economic development in sub-,saharan ,africa4 #ajb4 ,definitions ,in this title3 7#a7 ,,agoa website ,the term ,,agoa website means the website created by the ,president under section #ajc to collect and disseminate information regarding the ,african ,growth and ,opportunity ,act 7#ai ,u4,s4,c4 #cgja et seq474 7#b7 ,eligible sub-saharan african country ,the term eligible sub-,saharan ,african country means a country that the ,president has determined meets the eligibility requirements set forth in section #ajd of the ,african ,growth and ,opportunity ,act 7#ai ,u4,s4,c4 #cgjc74 #ajc4 ,activities in support of transparency 7a7 ,,agoa website 7#a7 ,in general ,the ,president shall establish a publicly available ,internet website for the collection and dissemination of information regarding the ,african ,growth and ,opportunity ,act 7title ,i of ,public ,law #ajf-bjj74 7#b7 ,contents ,the ,president shall publish1 on the ,,agoa website1 the information described in paragraph 7#a71 including-- 7,a7 information and technical assistance provided at ,united ,states ,agency for ,international ,development regional trade hubs2 and 7,b7 a link to the websites of ,united ,states embassies located in eligible sub-,saharan ,african countries4 7#c7 ,actions by united states embassies ,the ,secretary of ,state should direct ,united ,states embassies located in eligible sub-,saharan ,african countries-- 7,a7 to encourage such countries to use the benefits available under the ,african ,growth and ,opportunity ,act 7#ai ,u4,s4,c4 #cgja et seq472 and 7,b7 to include a link to the ,,agoa website on the websites of such diplomatic missions4 7b7 ,,agoa ,forum ,after each meeting of the ,united ,states--,sub-,saharan ,africa ,trade and ,economic ,cooperation ,forum1 the ,president should publish on the ,,agoa website-- 7#a7 the outcomes of the meeting of the ,forum1 including any commitments made by member countries and the private sector2 and 7#b7 an assessment of progress made with respect to any commitments made by member countries and the private sector from the previous meeting of the ,forum4 7c7 ,other information ,the ,president should-- 7#a7 disseminate the information required under this section to the public in a digital format2 and 7#b7 publish such information on the ,,agoa website4 #ajd4 ,activities in support of trade capacity building ,the ,president should-- 7#a7 develop and implement policies that-- 7,a7 encourage and facilitate cross-boundary cooperation among eligible sub-,saharan ,african countries in order to facilitate trade2 and 7,b7 encourage the provision of technical assistance to eligible sub-,saharan ,african countries to establish and sustain adequate trade capacity development2 7#b7 provide specific training for businesses in eligible sub-,saharan ,african countries and government trade officials of such countries on accessing the benefits under the ,african ,growth and ,opportunity ,act and other trade preference programs2 7#c7 provide capacity building for ,african entrepreneurs and trade associations on production strategies1 quality standards1 formation of cooperatives1 market research1 and market development2 7#d7 provide capacity building training to promote diversification of ,african products and value-added processing2 and 7#e7 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 policies4 ,,ii ,modernization of the ,millennium ,challenge ,corporation #bja4 ,candidacy status 7a7 ,low income countries ,section #fjf7;a7 of the ,millennium ,challenge ,act of #bjjc 7#bb ,u4,s4,c4 #ggje7;a77 is amended-- 7#a7 in paragraph 7#a77;,b71 by striking 7#c7 and inserting 7#d72 7#b7 in paragraph 7#b7-- 7,a7 by amending the paragraph heading to read as follows3 ,fiscal years #bjje through #bjab2 and 7,b7 by striking fiscal year #bjje or a subsequent fiscal year and inserting each of the fiscal years #bjje through #bjab2 7#c7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7#d7 by inserting after paragraph 7#b7 the following3 7#c7 ,fiscal year #bjac and subsequent fiscal years ,a country shall be a candidate country for purposes of eligibility for assistance for fiscal year #bjac or a subsequent fiscal year if the country-- 7,a7 has a per capita income not greater than the lower middle income country threshold established by the ,international ,bank for ,reconstruction and ,development for such fiscal year2 7,b7 is among the #ge countries identified by the ,international ,bank for ,reconstruction and ,development as having the lowest per capita income2 and 7,c7 meets the requirements under paragraph 7#a77;,b74 4 7b7 ,lower middle income countries ,section #fjf7;b7 of the ,millennium ,challenge ,act of #bjjc 7#bb ,u4,s4,c4 #ggje7;b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by amending the paragraph heading to read as follows3 ,fiscal years #bjjf through #bjab2 and 7,b7 in the matter preceding subparagraph 7,a71 by striking fiscal year #bjjf or a subsequent fiscal year and inserting each of the fiscal years #bjjf through #bjab2 7#b7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 ,fiscal year #bjac and subsequent fiscal years ,in addition to the countries described in subsection 7a71 a country shall be a candidate country for purposes of eligibility for assistance for fiscal year #bjac or a subsequent fiscal year if the country-- 7,a7 has a per capita income not greater than the lower middle income country threshold established by the ,international ,bank for ,reconstruction and ,development for the fiscal year2 7,b7 is not among the #ge countries identified by the ,international ,bank for ,reconstruction and ,development as having the lowest per capita income2 and 7,c7 meets the requirements under subsection 7a77#a77;,b74 4 7c7 ,reclassification ,section #fjf of the ,millennium ,challenge ,act of #bjjc 7#bb ,u4,s4,c4 #ggje7 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,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 years4 4 #bjb4 ,carryover authority for private sector members of board of directors ,section #fjd7;c77#d77;,b7 of the ,millennium ,challenge ,act of #bjjc 7#bb ,u4,s4,c4 #ggjc7;c77#d77;,b77 is amended to read as follows3 7,b7 ,other members ,each member of the ,board described in paragraph 7#c77;,b7-- 7i7 shall be appointed for a term of #c years2 7ii7 may be reappointed for a term of an additional #b years2 and 7iii7 may continue to serve in each such appointment until the earlier of-- 7,i7 the date on which his or her successor is appointed2 or 7,,ii7 the date that is one year after the expiration of his or her appointment or reappointment1 as the case may be4 4 #bjc4 ,additional reporting to the board on the treatment of civil society in an eligible country ,section #fjg of the ,millennium ,challenge ,act of #bjjc 7#bb ,u4,s4,c4 #ggjf7 is amended-- 7#a7 in subsection 7b77#a7-- 7,a7 in subparagraph 7,d71 by striking and at the end2 7,b7 in subparagraph 7,e71 by adding and at the end2 and 7,c7 by adding at the end the following3 7,f7 the quality of the civil society enabling environment2 2 7#b7 by redesignating subsections 7d7 and 7e7 as subsections 7e7 and 7f71 respectively2 and 7#c7 by inserting after subsection 7c7 the following3 7d7 ,reporting on treatment of civil society ,before the ,board selects an eligible country for a ,compact under subsection 7c71 the ,corporation shall provide information to the ,board regarding the country's treatment of civil society1 including classified information1 as appropriate4 ,the information shall include an assessment and analysis of factors1 including-- 7#a7 any relevant laws governing the formation or establishment of a civil society organization1 particularly laws intended to curb the activities of foreign civil society organizations2 7#b7 any relevant laws governing the operations of a civil society organization1 particularly those laws seeking to define or otherwise regulate the actions of foreign civil society organizations2 7#c7 laws relating to the legal status of civil society organizations1 including laws which effectively discriminate against foreign civil society organizations as compared to similarly situated domestic organizations2 7#d7 laws regulating the freedom of expression and peaceful assembly2 and 7#e7 laws regulating the usage of the ,internet1 particularly by foreign civil society organizations4 4 #bjd4 ,concurrent compacts under the ,millennium ,challenge ,act of #bjjc 7a7 ,in general ,section #fji of the ,millennium ,challenge ,act of #bjjc 7#bb ,u4,s4,c4 #ggjh7 is amended-- 7#a7 in subsection 7k71 by striking the first sentence2 7#b7 by redesignating subsection 7k7 as subsection 7l72 and 7#c7 by inserting after subsection 7j7 the following3 7k7 ,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 under this title if-- 7#a7 one or both of the ,compacts are or will be for purposes of regional economic integration1 increased regional trade1 or cross-border collaborations2 and 7#b7 the ,board determines that the country is making considerable and demonstrable progress in implementing the terms of the existing ,compact and supplementary agreements thereto4 4 7b7 ,conforming amendment ,section #fac7;b77#b77;,a7 of such ,act 7#bb ,u4,s4,c4 #ggab7;b77#b77;,a77 is amended by striking the before ,compact and inserting any4 7c7 ,applicability ,the amendments made by this section shall apply with respect to ,compacts entered into between the ,united ,states and an eligible country under the ,millennium ,challenge ,act of #bjjc before1 on1 or after the date of the enactment of this ,act4 #bje4 ,public notification of entering into a compact ,section #faj of the ,millennium ,challenge ,act of #bjjc 7#bb ,u4,s4,c4 #ggji7 is amended to read as follows3 #faj4 ,congressional and public notification 7a7 ,congressional consultations and notifications 7#a7 ,in general ,the ,board1 acting through the ,chief ,executive ,officer1 shall consult with and notify the appropriate congressional committees not later than #ae days before taking any of the actions described in paragraph 7#b74 7#b7 ,actions described ,the actions described in this paragraph are-- 7,a7 providing assistance for an eligible country under section #fji7;g72 7,b7 commencing negotiations with an eligible country to provide assistance for-- 7i7 a ,compact under section #fje2 or 7ii7 an agreement under section #faf2 7,c7 signing such a ,compact or agreement2 and 7,d7 terminating assistance under such a ,compact or agreement4 7#c7 ,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 ,compact1 including1 as applicable-- 7,a7 the expected economic rate of return of the ,compact2 7,b7 a cost-benefit analysis of the ,compact2 7,c7 a description of the impact on beneficiary populations2 7,d7 the likelihood that the investment will catalyze private sector investments2 and 7,e7 any other applicable economic factors that justify each project to be funded under such a ,compact to the extent practicable and appropriate4 7#d7 ,risk management plan ,not later than #fj days before signing each concurrent ,compact1 as authorized under section #fji1 the ,board1 acting through the ,chief ,executive ,officer1 shall consult with and provide to the appropriate congressional committees-- 7,a7 an assessment and1 as appropriate1 the identification of potential measures to mitigate risks1 of-- 7i7 the countries' commitment to regional integration and cross-border cooperation and capacity to carry out commitments2 7ii7 political and policy risks1 including risks that could affect country eligibility2 7iii7 risks associated with realizing economic returns2 7iv7 time and completion risks2 and 7v7 cost and financial risks2 and 7,b7 an assessment of measures to be taken to mitigate any identified risks1 including-- 7i7 securing other potential donors to finance projects or parts of projects as needed2 and 7ii7 partnering with regional organizations to support and oversee effective cross-border cooperation4 7b7 ,congressional and public notification after entering into a compact ,not later than #aj days after entering into a ,compact with an eligible country1 the ,board1 acting through the ,chief ,executive ,officer1 shall-- 7#a7 publish the text of the ,compact on the ,web ,site of the ,corporation2 7#b7 provide the appropriate congressional committees with a detailed summary of the ,compact and1 upon request1 the text of the ,compact2 and 7#c7 publish in the ,federal ,register a detailed summary of the ,compact and a notice of availability of the text of the ,compact on the ,web ,site of the ,corporation4 4 #bjf4 ,disclosure 7a7 ,requirement for timely disclosure ,section #fab7;a7 of the ,millennium ,challenge ,act of #bjjc 7#bb ,u4,s4,c4 #ggaa7;a77 is amended-- 7#a7 in the subsection heading1 by inserting timely before disclosure2 and 7#b7 in the matter preceding paragraph 7#a7-- 7,a7 by striking ,the ,corporation and inserting ,not later than #ij days after the last day of each fiscal quarter1 the ,corporation2 and 7,b7 by striking on at least a quarterly basis14 7b7 ,dissemination ,section #fab7;b7 of the ,millennium ,challenge ,act of #bjjc 7#bb ,u4,s4,c4 #ggaa7;b77 is amended to read as follows3 7b7 ,dissemination ,the ,board1 acting through the ,chief ,executive ,officer1 shall make the information required to be disclosed under subsection 7a7 available to the public-- 7#a7 by publishing it on the website of the ,corporation2 7#b7 by providing notice of the availability of such information in the ,federal ,register2 and 7#c7 by any other methods that the ,board determines to be appropriate4 4 #bjg4 ,restriction on the use of assistance under section #faf ,section #faf7;d7 of the ,millennium ,challenge ,act of #bjjc 7#bb ,u4,s4,c4 #ggae7;d77 is amended to read as follows3 7d7 ,funding 7#a7 ,limitation ,not more than #aj percent of the amounts made available to carry out this ,act for a fiscal year may be made available to carry out this section4 7#b7 ,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 #fjf for the fiscal year during which such assistance is provided4 4 #bjh4 ,study on subnational compacts 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,board of the ,millennium ,challenge ,corporation1 acting through the ,chief ,executive ,officer1 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 to1 and1 as applicable1 concurrent with1 any ,millennium ,challenge ,corporation national-level or regional investments4 7b7 ,content ,the study required under subsection 7a7 shall examine-- 7#a7 the extent to which targeting investments at the subnational level might provide new opportunities for reducing poverty through economic growth2 7#b7 the extent to which traditional approaches to defining poverty may not adequately capture the nature of poverty within a country2 7#c7 the types of subnational entities that might be appropriate partners for subnational ,millennium ,challenge ,corporation compacts2 7#d7 how candidates for subnational partners might best be identified2 and 7#e7 what role each national government should play in creating or implementing a subnational partnership4 7c7 ,appropriate congressional committees ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,foreign ,relations of the ,senate2 7#b7 the ,committee on ,appropriations of the ,senate2 7#c7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7#d7 the ,committee on ,appropriations of the ,house of ,representatives4