H.R. 3445 — Reported in House → Engrossed in House

Sec. 102 Definitions

added In this title—

(a)

removed ~~AGOA Website—~~

(1)

removed ~~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 (in this section referred to as the “AGOA Website”).

(2)

removed ~~Contents—~~ ~~The President shall publish on the AGOA Website the information described in paragraph (1), including—~~

(A)

removed ~~information and technical assistance provided at United States Agency for International Development regional trade hubs; and~~

(B)

removed ~~a link to the internet websites of United States embassies located in eligible sub-Saharan African countries.~~

(3)

removed ~~Actions by United States embassies—~~ ~~The Secretary of State should direct United States embassies located in eligible sub-Saharan African countries to—~~

(A)

removed ~~promote the use by such countries of the benefits available under the African Growth and Opportunity Act (19 U.S.C. 3701 et seq.); and~~

(B)

removed ~~include on the internet websites of such diplomatic missions a link to the AGOA Website.~~

(1)

changed ~~AGOA Forum—~~Agoa website— The ~~President should, after each meeting of the United States–Sub-Saharan Africa Trade and Economic Cooperation Forum, publish on~~ term “AGOA Website” means the ~~AGOA Website~~ website established ~~under subsection (a) the following:~~pursuant to section 103(a).

(1)

removed ~~The outcomes of the meeting of the Forum, including any commitments made by member countries and the private sector.~~

(2)

removed ~~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.~~

(2)

changed ~~Other information—~~Eligible sub-Saharan African country— The term eligible sub-Saharan African country means a country that the President ~~should disseminate information required by this section~~ has determined meets the eligibility requirements set forth in ~~a digital format to~~ section 104 of the ~~public~~ African Growth and ~~publish such information on the AGOA Website established under subsection (a).~~Opportunity Act (19 U.S.C. 3703).

Sec. 103 Activities in support of transparency

(a)

added AGOA Website—

(1)

added 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)

added Contents— The President shall publish on the AGOA Website the information described in paragraph (1), including—

(A)

added information and technical assistance provided at United States Agency for International Development regional trade hubs; and

(B)

added a link to the websites of United States embassies located in eligible sub-Saharan African countries.

(3)

added Actions by United States embassies— The Secretary of State should direct United States embassies located in eligible sub-Saharan African countries to—

(A)

added encourage individuals and businesses in such countries to use the benefits available under the African Growth and Opportunity Act; and

(B)

added include a link to the AGOA Website on the websites of such diplomatic missions.

removed ~~The President should take the following actions:~~

(b)

changed AGOA Forum— ~~Developing~~ After each meeting of the United States–Sub-Saharan Africa Trade and ~~implementing policies to—~~Economic Cooperation Forum, the President should publish on the AGOA Website the following:

(A)

removed ~~encourage and facilitate cross-boundary cooperation among eligible sub-Saharan African countries in order to facilitate trade; and~~

(1)

changed ~~encourage~~ The outcomes of the ~~provision~~ meeting of ~~technical assistance to eligible sub-Saharan African~~ the Forum, including any commitments made by member countries ~~to establish~~ and ~~sustain adequate trade capacity development.~~the private sector.

(2)

added 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)

changed Other information— ~~Providing specific training for businesses~~ The President should disseminate the information required under this section in ~~eligible sub-Saharan African countries~~ a digital format to the public and ~~government trade officials of~~ publish such ~~countries~~ information on ~~accessing~~ the ~~benefits under the African Growth and Opportunity Act and other trade preference programs.~~AGOA Website.

(3)

removed ~~Providing capacity building for African entrepreneurs and trade associations on production strategies, quality standards, formation of cooperatives, market research, and market development.~~

(4)

removed ~~Providing capacity building training to promote diversification of African products and value-added processing.~~

(5)

removed Providing 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.

Sec. 104 Activities in support of trade capacity building

changed ~~In this title, the term eligible sub-Saharan African country means a country that the~~ 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).~~should—

(1)

added develop and implement policies that—

(A)

added encourage and facilitate cross-boundary cooperation among eligible sub-Saharan African countries in order to facilitate trade; and

(B)

added encourage the provision of technical assistance to eligible sub-Saharan African countries to establish and sustain adequate trade capacity development;

(2)

added 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 programs;

(3)

added provide capacity building for African entrepreneurs and trade associations on production strategies, quality standards, formation of cooperatives, market research, and market development;

(4)

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

(5)

added 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.

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 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:

changed “(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~~ 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

changed “(II) the date that is ~~one~~ 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)

added 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)

renumbered was (3) in subsection (b)(1)—

(A)

renumbered was (3)(2) in subparagraph (D), by striking “and” at the end;

(B)

renumbered was (3)(3) in subparagraph (E), by adding “and” at the end; and

(C)

renumbered was (3)(4) by adding at the end the following:

“(F) the quality of the civil society enabling environment;”

(3)

renumbered was (4) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and

(4)

renumbered was (5) by inserting after subsection (c) the following:

added “(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—

removed “(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.”

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:

“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—

changed “(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

changed “(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.”

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—

changed “(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.”

H.R. 3445 — what changed