II 
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 Representa-
tives 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— 
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(1) improve the rule of law, promote free and 
fair elections, strengthen and expand the private sec-
tor, and fight corruption in sub-Saharan Africa; and 
(2) promote the role of women in social, polit-
ical, and economic development in sub-Saharan Afri-
ca. 
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 in-
formation regarding the African Growth and Oppor-
tunity 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 Inter-
national Development regional trade hubs; and 
(B) a link to websites of United States em-
bassies located in eligible sub-Saharan African 
countries. 
(3) ACTIONS BY UNITED STATES EMBASSIES.— 
The Secretary of State should direct United States 
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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 fol-
lowing: 
(1) All outcomes of the meeting of the Forum, 
including any commitments made by member coun-
tries and the private sector. 
(2) An assessment of progress made with re-
spect to any commitments made by member coun-
tries and the private sector from the previous meet-
ing of the Forum. 
(c) OTHER INFORMATION.—The President should 
disseminate information required by this section in a dig-
ital format to the public and publish such information on 
the AGOA website established under subsection (a). 
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(d) DEFINITION.—In this section, the term ‘‘eligible 
sub-Saharan African country’’ means a country that the 
President has determined meets the eligibility require-
ments 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 fol-
lowing actions: 
(1) Develop and implement policies to— 
(A) encourage and facilitate trans-bound-
ary cooperation among eligible sub-Saharan Af-
rican countries in order to facilitate trade; and 
(B) encourage the provision of technical 
assistance to eligible sub-Saharan African coun-
tries to establish and sustain adequate trade ca-
pacity development. 
(2) Provide specific training for business in eli-
gible sub-Saharan African countries and government 
trade officials of eligible sub-Saharan African coun-
tries on utilizing access to the benefits of the African 
Growth and Opportunity Act and other trade pref-
erence programs. 
(3) Provide capacity building for African entre-
preneurs and trade associations on production strat-
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egies, quality standards, formation of cooperatives, 
and market research and market development. 
(4) Provide capacity building training to pro-
mote diversification of African products and value- 
added processing. 
(5) Provide capacity building and technical as-
sistance funding for African businesses and institu-
tions 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 require-
ments 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 fol-
lowing: 
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‘‘(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, in-
creased regional trade, or cross-border collabora-
tions; 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 insert-
ing ‘‘any’’. 
(c) APPLICABILITY.—The amendments made by this 
section apply with respect to Compacts entered into be-
tween 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. 
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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 head-
ing 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 fol-
lowing: 
‘‘(3) FISCAL YEAR 2013 AND SUBSEQUENT FISCAL 
YEARS.—A country shall be a candidate country for 
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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 fis-
cal 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 para-
graph (1)(B).’’. 
(2) LOWER MIDDLE INCOME COUNTRIES.—Sec-
tion 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 head-
ing to read as follows: ‘‘FISCAL YEARS 2006 
THROUGH 2012’’; and 
(ii) in the matter preceding subpara-
graph (A), by striking ‘‘fiscal year 2006 or 
a subsequent fiscal year’’ and inserting ‘‘fis-
cal years 2006 through 2012’’; 
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(B) by redesignating paragraph (2) as 
paragraph (3); and 
(C) by inserting after paragraph (1) the fol-
lowing: 
‘‘(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 fis-
cal year; 
‘‘(B) is not among the 75 countries identi-
fied by the International Bank for Reconstruc-
tion and Development as having the lowest per 
capita income; and 
‘‘(C) meets the requirements under sub-
section (a)(1)(B).’’. 
(3) RECLASSIFICATION.—Section 606 of the Mil-
lennium Challenge Act of 2003 (22 U.S.C. 7705) is 
amended— 
(A) by redesignating subsection (c) as sub-
section (d); and 
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(B) by inserting after subsection (b) the fol-
lowing: 
‘‘(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 
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‘‘(II) the date that is one year 
after the expiration of his or her ap-
pointment or reappointment, as the 
case may be.’’. 
(e) PUBLIC NOTIFICATION OF ENTERING INTO A COM-
PACT.—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 NOTIFICA-
TIONS.— 
‘‘(1) IN GENERAL.—The Board, acting through 
the Chief Executive Officer, shall consult with and no-
tify the appropriate congressional committees not 
later than 15 days before taking any of the actions 
described in paragraph (2). 
‘‘(2) ACTIONS
DESCRIBED.—The actions de-
scribed in this paragraph are— 
‘‘(A) providing assistance for an eligible 
country under section 609(g); 
‘‘(B) commencing negotiations with an eli-
gible 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 
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‘‘(D) terminating assistance under such a 
Compact or agreement. 
‘‘(3) ECONOMIC JUSTIFICATION.—Any notifica-
tion relating to the intent to negotiate or sign a Com-
pact 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 bene-
ficiary 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 appro-
priate. 
‘‘(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 commit-
tees— 
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‘‘(A) an assessment and, as appropriate, the 
identification of potential measures to mitigate 
risks, of— 
‘‘(i) the countries’ commitment to re-
gional integration and cross-border coopera-
tion and capacity to carry out commit-
ments; 
‘‘(ii) political and policy risks, includ-
ing risks that could affect country eligi-
bility; 
‘‘(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 need-
ed; and 
‘‘(ii) partnering with regional organi-
zations 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 coun-
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try, 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 com-
mittees 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 Corpora-
tion’’; and 
(ii) by striking ‘‘on at least a quarterly 
basis,’’. 
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(2) DISSEMINATION.—Section 612(b) of the Mil-
lennium 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 re-
quired 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 deter-
mines 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 fol-
lows: 
‘‘(d) FUNDING.— 
‘‘(1) FISCAL YEAR 2004.—Not more than 10 per-
cent of the amount appropriated pursuant to the au-
thorization 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 pur-
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poses 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 fis-
cal year during which such assistance is provided.’’. 
(h) ADDITIONAL REPORTING TO THE BOARD ON THE 
TREATMENT OF CIVIL SOCIETY IN AN ELIGIBLE COUN-
TRY.—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 fol-
lowing: 
‘‘(d) REPORTING ON TREATMENT OF CIVIL SOCIETY.— 
Before the Board selects an eligible country for a Compact 
under subsection (c), the Corporation shall provide informa-
tion to the Board regarding the country’s treatment of civil 
society, including classified information, as appropriate. 
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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, par-
ticularly laws intended to curb the activities of for-
eign 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 soci-
ety organizations, including laws which effectively 
discriminate against foreign civil society organiza-
tions as compared to similarly situated domestic or-
ganizations; 
‘‘(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 ap-
propriate congressional committees that assesses the 
feasibility and desirability of developing partnerships 
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at the subnational level within candidate countries 
that would be complementary to, and, as applicable, 
concurrent with, any Millennium Challenge Corpora-
tion national-level or regional investments. 
(2) CONTENT.—The study required under para-
graph (1) shall examine— 
(A) the extent to which targeting invest-
ments at the subnational level might provide new 
opportunities for reducing poverty through eco-
nomic growth; 
(B) the extent to which traditional ap-
proaches 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 part-
ners might best be identified; and 
(E) what role each national government 
should play in creating or implementing a sub-
national partnership. 
(3) DEFINED
TERM.—In this subsection, the 
term 
‘‘appropriate 
congressional 
committees’’ 
means— 
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(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. 
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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 pur-
poses. 
DECEMBER 7, 2016 
Reported with an amendment 
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