PUBLIC LAW 115–167—APR. 23, 2018 

AFRICAN GROWTH AND OPPORTUNITY ACT 

AND MILLENNIUM CHALLENGE ACT 

MODERNIZATION ACT 


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132 STAT. 1276 PUBLIC LAW 115–167—APR. 23, 2018 

Public Law 115–167 

115th Congress 

An Act 

To enhance the transparency and accelerate the impact of programs under the 

African Growth and Opportunity Act and the Millennium Challenge Corporation, 

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 ‘‘African Growth and Opportunity 

Act and Millennium Challenge Act Modernization Act’’ or the 

‘‘AGOA and MCA Modernization Act’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—ENHANCEMENT OF THE AFRICAN GROWTH AND OPPORTUNITY 

ACT 

Sec. 101. Statement of policy. 

Sec. 102. Definitions. 

Sec. 103. Activities in support of transparency. 

Sec. 104. Activities in support of trade capacity building. 

TITLE II—MODERNIZATION OF THE MILLENNIUM CHALLENGE 

CORPORATION 

Sec. 201. Candidacy status. 

Sec. 202. Carryover authority for private-sector members of board of directors. 

Sec. 203. Additional reporting to the board on the treatment of civil society in an 

eligible country. 

Sec. 204. Concurrent compacts under the Millennium Challenge Act of 2003. 

Sec. 205. Public notification of entering into a compact. 

Sec. 206. Disclosure. 

Sec. 207. Restriction on the use of assistance under section 616. 

Sec. 208. Study on subnational compacts. 

TITLE I—ENHANCEMENT OF THE AFRICAN GROWTH AND OPPORTUNITY ACT 

SEC. 101. 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. 

19 USC 3701 

note. 

19 USC 3701 

note. 

African Growth 

and Opportunity 

Act and 

Millennium 

Challenge Act 

Modernization 

Act. 

Apr. 23, 2018 

[H.R. 3445] 


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PUBLIC LAW 115–167—APR. 23, 2018 132 STAT. 1277 

SEC. 102. DEFINITIONS. 

In this title— 

(1) AGOA WEBSITE.—The term ‘‘AGOA Website’’ means the 

website established pursuant to section 103(a). 

(2) 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 104 of the African Growth and Opportunity 

Act (19 U.S.C. 3703). 

SEC. 103. ACTIVITIES IN SUPPORT OF TRANSPARENCY. 

(a) AGOA WEBSITE.— 

(1) IN GENERAL.—The President shall establish a publicly 

available website for the collection and dissemination of 

information regarding the African Growth and Opportunity 

Act (19 U.S.C. 3701 et seq.). 

(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 the 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) encourage individuals and businesses in such countries to use the benefits available under the African Growth 

and Opportunity Act; and 

(B) include a link to the AGOA Website on the websites 

of such diplomatic missions. 

(b) AGOA FORUM.—After each meeting of the United States– 

Sub-Saharan Africa Trade and Economic Cooperation Forum, the 

President should publish on the AGOA Website the following: 

(1) The 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 

the information required under this section in a digital format 

to the public and publish such information on the AGOA Website. 

SEC. 104. ACTIVITIES IN SUPPORT OF TRADE CAPACITY BUILDING. 

The President should— 

(1) develop and implement policies that— 

(A) encourage and facilitate cross-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 businesses in eligible subSaharan African countries and government trade officials of 

such countries on accessing the benefits under the African 

Web posting. 

President. 

19 USC 3707. 

19 USC 3707 

note. 


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132 STAT. 1278 PUBLIC LAW 115–167—APR. 23, 2018 

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, market research, and market 

development; 

(4) provide capacity building training to promote diversification of African products and value-added processing; and 

(5) provide capacity building and technical assistance 

funding for African businesses and institutions to help such 

businesses and institutions comply with United States counterterrorism initiatives and policies. 

TITLE II—MODERNIZATION OF THE 

MILLENNIUM CHALLENGE CORPORATION 

SEC. 201. CANDIDACY STATUS. 

(a) LOW INCOME COUNTRIES.—Section 606(a) of the Millennium 

Challenge Act of 2003 (22 U.S.C. 7705(a)) is amended— 

(1) in paragraph (1)(B), by striking ‘‘(3)’’ and inserting 

‘‘(4)’’; 

(2) in paragraph (2)— 

(A) by amending the paragraph heading to read as 

follows: ‘‘FISCAL YEARS 2005 THROUGH 2012’’; and 

(B) by striking ‘‘fiscal year 2005 or a subsequent fiscal 

year’’ and inserting ‘‘each of fiscal years 2005 through 

2012’’; 

(3) by redesignating paragraph (3) as paragraph (4); and 

(4) 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 not greater 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).’’. 

(b) LOWER MIDDLE INCOME COUNTRIES.—Section 606(b) of the 

Millennium Challenge Act of 2003 (22 U.S.C. 7705(b)) is amended— 

(1) in paragraph (1)— 

(A) by amending the paragraph heading to read as 

follows: ‘‘FISCAL YEARS 2006 THROUGH 2012’’; and 

(B) in the matter preceding subparagraph (A), by 

striking ‘‘fiscal year 2006 or a subsequent fiscal year’’ and 

inserting ‘‘fiscal years 2006 through 2012’’; 

(2) by redesignating paragraph (2) as paragraph (3); and 

(3) 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 


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PUBLIC LAW 115–167—APR. 23, 2018 132 STAT. 1279 

for assistance for fiscal year 2013 or a subsequent fiscal year 

if the country— 

‘‘(A) 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 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).’’. 

(c) RECLASSIFICATION.—Section 606 of the Millennium Challenge Act of 2003 (22 U.S.C. 7705) is amended— 

(1) by redesignating subsection (c) as subsection (d); and 

(2) 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 2 subsequent fiscal years.’’. 

SEC. 202. 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 1 year after the expiration 

of his or her appointment or reappointment, as 

the case may be.’’. 

SEC. 203. 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 (a), by adding at the end the following: 

‘‘A determination whether a country is eligible for a subsequent, 

non-concurrent Millennium Challenge Compact shall also be 

based, to the extent practicable, on significantly improved 

performance across the criteria in subsection (b) that, at a 

minimum, are relevant to the preceding Compact, compared 

to the country’s performance with respect to such criteria when 

selected for such preceding Compact.’’ 

(2) 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: 


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132 STAT. 1280 PUBLIC LAW 115–167—APR. 23, 2018 

‘‘(F) the quality of the civil society enabling environment;’’; 

(3) by redesignating subsections (d) and (e) as subsections 

(e) and (f), respectively; and 

(4) by inserting after subsection (c) the following: 

‘‘(d) REPORTING ON TREATMENT OF CIVIL SOCIETY.—For the 

7-year period beginning on the date of the enactment of this subsection, 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.’’. 

SEC. 204. 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. 

22 USC 7708 

note. 

Determination. 

Assessment. 

Analysis. 

Time period. 

Classified 

information. 


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PUBLIC LAW 115–167—APR. 23, 2018 132 STAT. 1281 

SEC. 205. PUBLIC NOTIFICATION OF ENTERING INTO A COMPACT. 

Section 610 of the Millennium Challenge Act of 2003 (22 U.S.C. 

7709) 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. 

Assessments. 

Reports. 

Deadlines. 


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132 STAT. 1282 PUBLIC LAW 115–167—APR. 23, 2018 

‘‘(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 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 website of the Corporation.’’. 

SEC. 206. DISCLOSURE. 

(a) REQUIREMENT FOR TIMELY DISCLOSURE.—Section 612(a) of 

the Millennium Challenge Act of 2003 (22 U.S.C. 7711(a)) is 

amended— 

(1) in the subsection heading, by inserting ‘‘TIMELY’’ before 

‘‘DISCLOSURE’’; and 

(2) in the matter preceding paragraph (1)— 

(A) by striking ‘‘The Corporation’’ and inserting ‘‘Not 

later than 90 days after the last day of each fiscal quarter, 

the Corporation’’; and 

(B) by striking ‘‘on at least a quarterly basis,’’. 

(b) 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 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.’’. 

SEC. 207. 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) LIMITATION.—Not more than 10 percent of the amounts 

made available to carry out this Act for a fiscal year may 

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.’’. 

SEC. 208. STUDY ON SUBNATIONAL COMPACTS. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Board of the Millennium Challenge 

Corporation, acting through the Chief Executive Officer, 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 

Deadline. 

Assessments. 

Notification. 

Federal Register, 

publication. 

Web posting. 

Public 

information. 

Deadline. 

Federal Register, 

publication. 

Summary. 

Web posting. 


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PUBLIC LAW 115–167—APR. 23, 2018 132 STAT. 1283 

LEGISLATIVE HISTORY—H.R. 3445 (S. 832): 

HOUSE REPORTS: No. 115–484 (Comm. on Foreign Affairs). 

CONGRESSIONAL RECORD, Vol. 164 (2018): 

Jan. 17, considered and passed House. 

Apr. 9, considered and passed Senate. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2018): 

Apr. 23, Presidential statement. 

Æ 

Millennium Challenge Corporation national-level or regional investments. 

(b) CONTENT.—The study required under subsection (a) shall 

examine— 

(1) the extent to which targeting investments at the subnational level might provide new opportunities for reducing 

poverty through economic growth; 

(2) the extent to which traditional approaches to defining 

poverty may not adequately capture the nature of poverty 

within a country; 

(3) the types of subnational entities that might be appropriate partners for subnational Millennium Challenge Corporation compacts; 

(4) how candidates for subnational partners might best 

be identified; and 

(5) what role each national government should play in 

creating or implementing a subnational partnership. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In this subsection, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Foreign Relations of the Senate; 

(2) the Committee on Appropriations of the Senate; 

(3) the Committee on Foreign Affairs of the House of Representatives; and 

(4) the Committee on Appropriations of the House of Representatives. 

Approved April 23, 2018. 

Definition. 


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