[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2215 Reported in Senate (RS)]
Calendar No. 536
112th CONGRESS
2d Session
S. 2215
[Report No. 112-231]
To create jobs in the United States by increasing United States exports
to Africa by at least 200 percent in real dollar value within 10 years,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 21, 2012
Mr. Durbin (for himself, Mr. Boozman, Mr. Coons, Mr. Cardin, and Ms.
Landrieu) introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
November 13, 2012
Reported by Mr. Kerry, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To create jobs in the United States by increasing United States exports
to Africa by at least 200 percent in real dollar value within 10 years,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Increasing American Jobs
Through Greater Exports to Africa Act of 2012''.</DELETED>
<DELETED>SEC. 2. FINDINGS; PURPOSE.</DELETED>
<DELETED> (a) Findings.--Congress makes the following
findings:</DELETED>
<DELETED> (1) Export growth helps United States business
grow and create American jobs. In 2010, 60 percent of American
exports came from small- and medium-sized businesses.</DELETED>
<DELETED> (2) On January 31, 2011, the President mandated an
executive review across agencies to determine where the United
States Government could become more competitive and helpful to
business, including help with promoting exports.</DELETED>
<DELETED> (3) Several United States Government agencies are
involved in export promotion. Coordination of the efforts of
these agencies through the Trade Promotion Coordinating
Committee lacks sufficient strategic implementation and
accountability.</DELETED>
<DELETED> (4) Many other countries have trade promotion
programs that aggressively compete against United States
exports in Africa and around the world. For example, in 2010,
medium- and long-term official export credit general volumes
from the Group of 7 countries (Canada, France, Germany, Italy,
Japan, the United Kingdom, and the United States) totaled
$65,400,000,000. Germany provided the largest level of support
at $22,500,000,000, followed by France at $17,400,000,000 and
the United States at $13,000,000,000. Official export credit
support by emerging market economies such as Brazil, China, and
India are significant as well.</DELETED>
<DELETED> (5) Between 2008 and 2010, China alone provided
more than $110,000,000,000 in loans to the developing world,
and, in 2009, China surpassed the United States as the leading
trade partner of African countries. The Export-Import Bank of
the United States substantially increased lending to United
States businesses focused on Africa from $400,000,000 in 2009
to an anticipated $1,000,000,000 in 2011, but the Export-Import
Bank of China dwarfed this effort with an estimated
$12,000,000,000 worth of financing.</DELETED>
<DELETED> (6) Other countries such as India, Turkey, Russia,
and Brazil are also aggressively seeking markets in Africa
using their national export banks to provide concessional
assistance.</DELETED>
<DELETED> (7) The Chinese practice of concessional financing
runs contrary to the principles of the Organization of Economic
Co-operation and Development related to open market rates,
undermines naturally competitive rates, and can allow
governments in Africa to overlook the troubling record on labor
practices, human rights, and environmental impact.</DELETED>
<DELETED> (8) The African continent is undergoing a period
of rapid growth and middle class development, as seen from
major indicators such as Internet use and clean water access.
In 2000, only 6.7 percent of the population of Africa had
access to the Internet. In 2009, 27.1 percent of the population
had Internet access. Seventy-eight percent of Africa's rural
population now has access to clean water.</DELETED>
<DELETED> (9) Economists have designated Africa as the
``next frontier market'', with profitability and growth rates
among many African firms exceeding global averages in recent
years. Countries in Africa have a collective spending power of
almost $9,000,000,000 and a gross domestic product of
$1,600,000,000,000, which are projected to double in the next
10 years.</DELETED>
<DELETED> (10) Sub-Saharan Africa is projected to have the
fastest growing economies in the world over the next 5 years,
with 7 of the 10 fastest growing economies located in sub-
Saharan Africa.</DELETED>
<DELETED> (11) When countries such as China assist with
large-scale government projects, they also gain an upper hand
in relations with African leaders and access to valuable
commodities such as oil and copper, typically without regard to
environmental, human rights, labor, or governance
standards.</DELETED>
<DELETED> (12) Unless the United States can offer
competitive financing for its firms in Africa, it will be
deprived of opportunities to participate in African efforts to
close the continent's significant infrastructure gap that
amounts to an estimated $100,000,000,000.</DELETED>
<DELETED> (b) Purpose.--The purpose of this Act is to create jobs in
the United States by expanding programs that will result in increasing
United States exports to Africa by 200 percent in real dollar value
within 10 years.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Africa.--The term ``Africa'' refers to the
entire continent of Africa and its 54 countries, including the
Republic of South Sudan.</DELETED>
<DELETED> (2) African diaspora.--The term ``African
diaspora'' means the people of African origin living in the
United States, irrespective of their citizenship and
nationality, who are willing to contribute to the development
of Africa.</DELETED>
<DELETED> (3) AGOA.--The term ``AGOA'' means the African
Growth and Opportunity Act (19 U.S.C. 3701 et seq.).</DELETED>
<DELETED> (4) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Appropriations, the
Committee on Banking, Housing, and Urban Affairs, and
the Committee on Foreign Relations of the Senate;
and</DELETED>
<DELETED> (B) the Committee on Appropriations, the
Committee on Energy and Commerce, the Committee on
Financial Services, the Committee on Foreign Affairs,
and the Committee on Ways and Means of the House of
Representatives.</DELETED>
<DELETED> (5) Development agencies.--The term ``development
agencies'' includes the Department of State, including the
United States Agency for International Development (USAID), the
Millennium Challenge Corporation (MCC), the Overseas Private
Investment Corporation (OPIC), and the United States Trade and
Development Agency (USTDA).</DELETED>
<DELETED> (6) Trade policy staff committee.--The term
``Trade Policy Staff Committee'' means the Trade Policy Staff
Committee established pursuant to section 2002.2 of title 15,
Code of Federal Regulations, and is composed of representatives
of Federal agencies in charge of developing and coordinating
United States positions on international trade and trade-
related investment issues.</DELETED>
<DELETED> (7) Multilateral development banks.--The term
``multilateral development banks'' has the meaning given that
term in section 1701(c)(4) of the International Financial
Institutions Act (22 U.S.C. 262r(c)(4)) and includes the
African Development Foundation.</DELETED>
<DELETED> (8) Sub-saharan region.--The term ``sub-Saharan
region'' refers to the 49 countries listed in section 107 of
the African Growth and Opportunity Act (19 U.S.C. 3706) and
includes the Republic of South Sudan.</DELETED>
<DELETED> (9) Trade promotion coordinating committee.--The
term ``Trade Promotion Coordinating Committee'' means the Trade
Promotion Coordinating Committee established by Executive Order
12870 (58 Fed. Reg. 51753).</DELETED>
<DELETED> (10) United states and foreign commercial
service.--The term ``United States and Foreign Commercial
Service'' means the United States and Foreign Commercial
Service established by section 2301 of the Export Enhancement
Act of 1988 (15 U.S.C. 4721).</DELETED>
<DELETED>SEC. 4. STRATEGY.</DELETED>
<DELETED> (a) In General.--Not later than 180 days after the date of
the enactment of this Act, the President shall establish a
comprehensive United States strategy for public and private investment,
trade, and development in Africa.</DELETED>
<DELETED> (b) Focus of Strategy.--The strategy required by
subsection (a) shall focus on--</DELETED>
<DELETED> (1) increasing exports of United States goods and
services to Africa by 200 percent in real dollar value within
10 years from the date of the enactment of this Act;</DELETED>
<DELETED> (2) coordinating United States commercial
interests with development priorities in Africa;</DELETED>
<DELETED> (3) developing relationships between the
governments of countries in Africa and United States businesses
that have an expertise in such issues as infrastructure
development, technology, telecommunications, energy, and
agriculture;</DELETED>
<DELETED> (4) improving the competitiveness of United States
businesses in Africa, including the role the African diaspora
can play in enhancing such competitiveness;</DELETED>
<DELETED> (5) exploring ways that African diaspora
remittances can help governments in Africa tackle economic,
development, and infrastructure financing needs;</DELETED>
<DELETED> (6) promoting economic integration in Africa
through working with the subregional economic communities,
supporting efforts for deeper integration through the
development of customs unions within western and central Africa
and within eastern and southern Africa, eliminating time-
consuming border formalities into and within these areas, and
supporting regionally based infrastructure projects;</DELETED>
<DELETED> (7) encouraging a greater understanding among
United States business and financial communities of the
opportunities Africa holds for United States exports;
and</DELETED>
<DELETED> (8) monitoring--</DELETED>
<DELETED> (A) market loan rates and the availability
of capital for United States business investment in
Africa;</DELETED>
<DELETED> (B) loan rates offered by the governments
of other countries for investment in Africa;
and</DELETED>
<DELETED> (C) the policies of other countries with
respect to export financing for investment in Africa
that are predatory or distort markets.</DELETED>
<DELETED> (c) Consultations.--In developing the strategy required by
subsection (a), the President shall consult with--</DELETED>
<DELETED> (1) Congress;</DELETED>
<DELETED> (2) each agency that is a member of the Trade
Promotion Coordinating Committee;</DELETED>
<DELETED> (3) the multilateral development banks;</DELETED>
<DELETED> (4) each agency that participates in the Trade
Policy Staff Committee;</DELETED>
<DELETED> (5) the President's National Export
Council;</DELETED>
<DELETED> (6) each of the development agencies;</DELETED>
<DELETED> (7) any other Federal agencies with responsibility
for export promotion or financing and development;
and</DELETED>
<DELETED> (8) the private sector, including businesses,
nongovernmental organizations, and African diaspora
groups.</DELETED>
<DELETED> (d) Submission to Congress.--</DELETED>
<DELETED> (1) Strategy.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress the strategy required by subsection (a).</DELETED>
<DELETED> (2) Progress report.--Not later than 3 years after
the date of the enactment of this Act, the President shall
submit to Congress a report on the implementation of the
strategy required by subsection (a).</DELETED>
<DELETED> (3) Content of report.--The report required by
paragraph (2) shall include an assessment of the extent to
which the strategy required by subsection (a)--</DELETED>
<DELETED> (A) has been successful in developing
critical analyses of policies to increase exports to
Africa;</DELETED>
<DELETED> (B) has been successful in increasing the
competitiveness of United States businesses in
Africa;</DELETED>
<DELETED> (C) has been successful in creating jobs
in the United States, including the nature and
sustainability of such jobs;</DELETED>
<DELETED> (D) has provided sufficient United States
Government support to meet third country competition in
the region;</DELETED>
<DELETED> (E) has been successful in helping the
African diaspora in the United States participate in
economic growth in Africa;</DELETED>
<DELETED> (F) has been successful in promoting
economic integration in Africa; and</DELETED>
<DELETED> (G) has made a meaningful contribution to
the transformation of Africa and its full integration
into the 21st century world economy, not only as a
supplier of primary products but also as full
participant in international supply and distribution
chains.</DELETED>
<DELETED>SEC. 5. SPECIAL AFRICA STRATEGY COORDINATOR.</DELETED>
<DELETED> The President shall designate an individual to serve as
Special Africa Export Strategy Coordinator--</DELETED>
<DELETED> (1) to oversee the development and implementation
of the strategy required by section 4; and</DELETED>
<DELETED> (2) to coordinate with the Trade Promotion
Coordinating Committee, (the interagency AGOA committees), and
development agencies with respect to developing and
implementing the strategy.</DELETED>
<DELETED>SEC. 6. TRADE MISSION TO AFRICA.</DELETED>
<DELETED> It is the sense of Congress that, not later than 1 year
after the date of the enactment of this Act, the Secretary of Commerce
and other high-level officials of the United States Government with
responsibility for export promotion, financing, and development should
conduct a joint trade mission to Africa.</DELETED>
<DELETED>SEC. 7. PERSONNEL.</DELETED>
<DELETED> (a) United States and Foreign Commercial Service.--
</DELETED>
<DELETED> (1) In general.--As soon as practicable after the
date of the enactment of this Act, the Secretary of Commerce
shall ensure that not less than 14 total United States and
Foreign Commercial Service officers are assigned to
Africa.</DELETED>
<DELETED> (2) Assignment.--The Secretary shall, in
consultation with the Trade Promotion Coordinating Committee
and the Special Africa Export Strategy Coordinator, assign the
United States and Foreign Commercial Service officers described
in paragraph (1) to United States embassies in
Africa.</DELETED>
<DELETED> (3) Multilateral development banks.--</DELETED>
<DELETED> (A) In general.--As soon as practicable
after the date of the enactment of this Act, the
Secretary of Commerce shall assign not less than 1
full-time United States and Foreign Commercial Service
officer to the office of the United States Executive
Director at each multilateral development
bank.</DELETED>
<DELETED> (B) Responsibilities.--Each United States
and Foreign Commercial Service officer assigned under
subparagraph (A) shall be responsible for--</DELETED>
<DELETED> (i) increasing the access of
United States businesses to procurement
contracts with the multilateral development
bank to which the officer is assigned;
and</DELETED>
<DELETED> (ii) facilitating the access of
United States businesses to risk insurance,
equity investments, consulting services, and
lending provided by that bank.</DELETED>
<DELETED> (b) Export-Import Bank of the United States.--Of the
amounts collected by the Export-Import Bank that remain after paying
the expenses the Bank is authorized to pay from such amounts for
administrative expenses, the Bank shall use sufficient funds to do the
following:</DELETED>
<DELETED> (1) Assign, in consultation with the Trade
Promotion Coordinating Committee and the Special Africa Export
Strategy Coordinator, not less than 3 full-time employees of
the Bank to geographically appropriate field offices in
Africa.</DELETED>
<DELETED> (2) Increase the number of employees of the Bank
assigned to United States field offices of the Bank to not less
than 30, to be distributed as geographically appropriate
through the United States. Such offices shall coordinate with
the related export efforts undertaken by the Small Business
Administration regional field offices.</DELETED>
<DELETED> (3) Upgrade the Bank's equipment and software to
more expeditiously, effectively, and efficiently process and
track applications for financing received by the
Bank.</DELETED>
<DELETED> (c) Overseas Private Investment Corporation.--</DELETED>
<DELETED> (1) Staffing.--Of the net offsetting collections
collected by the Overseas Private Investment Corporation used
for administrative expenses, the Corporation shall use
sufficient funds to increase by not more than 5 the staff
needed to promote stable and sustainable economic growth and
development in Africa, to strengthen and expand the private
sector in Africa, and to facilitate the general economic
development of Africa, with a particular focus on helping
United States businesses expand into African markets.</DELETED>
<DELETED> (2) Report.--The Corporation shall report to the
appropriate congressional committees on whether recent
technology upgrades have resulted in more effective and
efficient processing and tracking of applications for financing
received by the Corporation.</DELETED>
<DELETED>SEC. 8. TRAINING.</DELETED>
<DELETED> The President shall develop a plan--</DELETED>
<DELETED> (1) to standardize the training received by United
States and Foreign Commercial Service officers, economic
officers of the Department of State, and economic officers of
the United States Agency for International Development with
respect to the programs and procedures of the Export-Import
Bank of the United States, the Overseas Private Investment
Corporation, the Small Business Administration, and the United
States Trade and Development Agency; and</DELETED>
<DELETED> (2) to ensure that, not later than 1 year after
the date of the enactment of this Act--</DELETED>
<DELETED> (A) all United States and Foreign
Commercial Service officers that are stationed overseas
receive the training described in paragraph (1);
and</DELETED>
<DELETED> (B) in the case of a country to which no
United States and Foreign Commercial Service officer is
assigned, any economic officer of the Department of
State stationed in that country shall receive that
training.</DELETED>
<DELETED>SEC. 9. EXPORT-IMPORT BANK CAPITALIZATION.</DELETED>
<DELETED> (a) In General.--Section 6(a)(2) of the Export-Import Bank
Act of 1945 (12 U.S.C. 635e(a)(2)) is amended--</DELETED>
<DELETED> (1) in subparagraph (D), by striking
``and'';</DELETED>
<DELETED> (2) in subparagraph (E), by striking ``2011,'' and
inserting ``2011, $95,000,000,000;''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(F) during fiscal year 2012 and each
fiscal year thereafter through fiscal year 2016,
$150,000,000,000; and</DELETED>
<DELETED> ``(G) subject to paragraph (4), during
fiscal year 2017 and each fiscal year thereafter,
$175,000,000,000.''.</DELETED>
<DELETED> (b) Special Rule for Increase in Applicable Amount.--
Section 6(a) of the Export-Import Bank Act of 1945 (12 U.S.C. 635e(a))
is amended by adding at the end the following:</DELETED>
<DELETED> ``(4) Special rule for increase in applicable
amount.--</DELETED>
<DELETED> ``(A) In general.--Beginning in fiscal
year 2017, and each fiscal year thereafter, the
applicable amount under paragraph (1) shall be
$175,000,000,000, if the Comptroller General of the
United States determines pursuant to subparagraph (B)
that the increase in the applicable amount under
paragraph (1)(F) has been effective in increasing
viable loans to further United States exports,
including to Africa.</DELETED>
<DELETED> ``(B) Report by gao.--The Comptroller
General of the United States shall conduct a study of
the operations of the Bank and the effectiveness of
increasing the applicable amount under this subsection.
Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall
submit a report to Congress regarding the Comptroller
General's determination on the effective use by the
Bank of the increase in the applicable amount under
this subsection.''.</DELETED>
<DELETED> (c) Percent To Be Used for Projects in Africa.--Section
6(a) of the Export-Import Bank Act of 1945 (12 U.S.C. 635e(a)), as
amended by subsection (b), is amended by adding at the end the
following:</DELETED>
<DELETED> ``(5) Percent of increase to be used for projects
in africa.--Not less than 25 percent of the amount by which the
applicable amount under paragraph (1) is increased under
paragraph (2) (F) or (G) over the applicable amount for fiscal
year 2011 shall be used for loans, guarantees, and insurance
for projects in Africa.''.</DELETED>
<DELETED> (d) Availability of Portion of Capitalization To Compete
Against Foreign Concessional Loans.--Not less than $250,000,000 of the
total bank capitalization of the Export-Import Bank shall be available
annually for loans that counter below-market rate, preferential, tied
aid, or other related non-market loans offered by other nations for
which United States companies are also competing or interested in
competing.</DELETED>
<DELETED>SEC. 10. TIED AID CREDIT FUND.</DELETED>
<DELETED> (a) Sense of Congress.--It is the sense of Congress that
the Export-Import Bank should use its Tied Aid Credit Fund to
aggressively help United States companies compete for projects in which
a foreign government is using any type of below market, preferential,
or tied aid loan. The Bank shall make use of any loan products
available, including pursuant to section 9(d), to counter these foreign
offerings.</DELETED>
<DELETED> (b) Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Export-Import Bank
shall report to the appropriate congressional committees if the Bank
has not used at least $220,000,000 in tied aid credit during the
preceding fiscal year. The report shall include--</DELETED>
<DELETED> (1) a description of all requests for grants from
the Tied-Aid Credit Fund or other similar funds (established
under section 10 of the Export-Import Bank Act of 1945 (12
U.S.C. 635i-3)) received by the Bank during that fiscal
year;</DELETED>
<DELETED> (2) a description of similar concessional (below
market rate) loans made by other countries during that fiscal
year; and</DELETED>
<DELETED> (3) a description of any such grant requests that
were denied and the reason for such denial.</DELETED>
<DELETED>SEC. 11. SMALL BUSINESS ADMINISTRATION.</DELETED>
<DELETED> Section 22(b) of the Small Business Act (15 U.S.C. 649(b))
is amended--</DELETED>
<DELETED> (1) in the matter preceding paragraph (1), by
inserting ``the Trade Promotion Coordinating Committee,'' after
``Director of the United States Trade and Development
Agency,''; and</DELETED>
<DELETED> (2) in paragraph (3), by inserting ``regional
offices of the Export-Import Bank,'' after ``Retired
Executives,''.</DELETED>
<DELETED>SEC. 12. BILATERAL, SUBREGIONAL AND REGIONAL, AND MULTILATERAL
AGREEMENTS.</DELETED>
<DELETED> Where applicable, the United States Trade Representative
and officials of the Export-Import Bank shall explore opportunities to
negotiate bilateral, subregional, and regional agreements that
encourage trade and eliminate nontariff barriers to trade between
countries, such as negotiating investor friendly double-taxation
treaties and investment promotion agreements. United States negotiators
in multilateral forum should take into account the objectives of this
Act. To the extent any such agreements exist between the United States
and an African country, the Trade Representative shall ensure that the
agreement is being implemented in a manner that maximizes the positive
effects for United States trade, export, and labor interests as well as
the economic development of the countries in Africa.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing American Jobs Through
Greater Exports to Africa Act of 2012''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Export growth helps United States business grow and
create American jobs. In 2010, 60 percent of American exports
came from small- and medium-sized businesses.
(2) On January 31, 2011, the President mandated an
executive review across agencies to determine where the United
States Government could become more competitive and helpful to
business, including help with promoting exports.
(3) Several United States Government agencies are involved
in export promotion. Coordination of the efforts of these
agencies through the Trade Promotion Coordinating Committee
lacks sufficient strategic implementation and accountability.
(4) Many other countries have trade promotion programs that
aggressively compete against United States exports in Africa
and around the world. For example, in 2010, medium- and long-
term official export credit general volumes from the Group of 7
countries (Canada, France, Germany, Italy, Japan, the United
Kingdom, and the United States) totaled $65,400,000,000.
Germany provided the largest level of support at
$22,500,000,000, followed by France at $17,400,000,000 and the
United States at $13,000,000,000. Official export credit
support by emerging market economies such as Brazil, China, and
India are significant as well.
(5) Between 2008 and 2010, China alone provided more than
$110,000,000,000 in loans to the developing world, and, in
2009, China surpassed the United States as the leading trade
partner of African countries. The Export-Import Bank of the
United States substantially increased lending to United States
businesses focused on Africa from $400,000,000 in 2009 to an
anticipated $1,000,000,000 in 2011, but the Export-Import Bank
of China dwarfed this effort with an estimated $12,000,000,000
worth of financing.
(6) Other countries such as India, Turkey, Russia, and
Brazil are also aggressively seeking markets in Africa using
their national export banks to provide concessional assistance.
(7) The Chinese practice of concessional financing runs
contrary to the principles of the Organization of Economic Co-
operation and Development related to open market rates,
undermines naturally competitive rates, and can allow
governments in Africa to overlook the troubling record on labor
practices, human rights, and environmental impact.
(8) The African continent is undergoing a period of rapid
growth and middle class development, as seen from major
indicators such as Internet use and clean water access. In
2000, only 6.7 percent of the population of Africa had access
to the Internet. In 2009, 27.1 percent of the population had
Internet access. Seventy-eight percent of Africa's rural
population now has access to clean water.
(9) Economists have designated Africa as the ``next
frontier market'', with profitability and growth rates among
many African firms exceeding global averages in recent years.
Countries in Africa have a collective spending power of almost
$9,000,000,000 and a gross domestic product of
$1,600,000,000,000, which are projected to double in the next
10 years.
(10) Sub-Saharan Africa is projected to have the fastest
growing economies in the world over the next 5 years, with 7 of
the 10 fastest growing economies located in sub-Saharan Africa.
(11) When countries such as China assist with large-scale
government projects, they also gain an upper hand in relations
with African leaders and access to valuable commodities such as
oil and copper, typically without regard to environmental,
human rights, labor, or governance standards.
(12) Unless the United States can offer competitive
financing for its firms in Africa, it will be deprived of
opportunities to participate in African efforts to close the
continent's significant infrastructure gap that amounts to an
estimated $100,000,000,000.
(b) Purpose.--The purpose of this Act is to create jobs in the
United States by expanding programs that will result in increasing
United States exports to Africa by 200 percent in real dollar value
within 10 years.
SEC. 3. DEFINITIONS.
In this Act:
(1) Africa.--The term ``Africa'' refers to the entire
continent of Africa and its 54 countries, including the
Republic of South Sudan.
(2) African diaspora.--The term ``African diaspora'' means
the people of African origin living in the United States,
irrespective of their citizenship and nationality, who are
willing to contribute to the development of Africa.
(3) AGOA.--The term ``AGOA'' means the African Growth and
Opportunity Act (19 U.S.C. 3701 et seq.).
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations, the Committee
on Banking, Housing, and Urban Affairs, and the
Committee on Foreign Relations of the Senate; and
(B) the Committee on Appropriations, the Committee
on Energy and Commerce, the Committee on Financial
Services, the Committee on Foreign Affairs, and the
Committee on Ways and Means of the House of
Representatives.
(5) Development agencies.--The term ``development
agencies'' includes the Department of State, the United States
Agency for International Development (USAID), the Millennium
Challenge Corporation (MCC), the Overseas Private Investment
Corporation (OPIC), the United States Trade and Development
Agency (USTDA), the United States Department of Agriculture
(USDA), and relevant multilateral development banks.
(6) Trade policy staff committee.--The term ``Trade Policy
Staff Committee'' means the Trade Policy Staff Committee
established pursuant to section 2002.2 of title 15, Code of
Federal Regulations, and is composed of representatives of
Federal agencies in charge of developing and coordinating
United States positions on international trade and trade-
related investment issues.
(7) Multilateral development banks.--The term
``multilateral development banks'' has the meaning given that
term in section 1701(c)(4) of the International Financial
Institutions Act (22 U.S.C. 262r(c)(4)) and includes the
African Development Foundation.
(8) Sub-saharan region.--The term ``sub-Saharan region''
refers to the 49 countries listed in section 107 of the African
Growth and Opportunity Act (19 U.S.C. 3706) and includes the
Republic of South Sudan.
(9) Trade promotion coordinating committee.--The term
``Trade Promotion Coordinating Committee'' means the Trade
Promotion Coordinating Committee established by Executive Order
12870 (58 Fed. Reg. 51753).
(10) United states and foreign commercial service.--The
term ``United States and Foreign Commercial Service'' means the
United States and Foreign Commercial Service established by
section 2301 of the Export Enhancement Act of 1988 (15 U.S.C.
4721).
SEC. 4. STRATEGY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the President shall establish a comprehensive
United States strategy for public and private investment, trade, and
development in Africa.
(b) Focus of Strategy.--The strategy required by subsection (a)
shall focus on--
(1) increasing exports of United States goods and services
to Africa by 200 percent in real dollar value within 10 years
from the date of the enactment of this Act;
(2) promoting the alignment of United States commercial
interests with development priorities in Africa;
(3) developing relationships between the governments of
countries in Africa and United States businesses that have an
expertise in such issues as infrastructure development,
technology, telecommunications, energy, and agriculture;
(4) improving the competitiveness of United States
businesses in Africa, including the role the African diaspora
can play in enhancing such competitiveness;
(5) exploring ways that African diaspora remittances can
help communities in Africa tackle economic, development, and
infrastructure financing needs;
(6) promoting economic integration in Africa through
working with the subregional economic communities, supporting
efforts for deeper integration through the development of
customs unions within western and central Africa and within
eastern and southern Africa, eliminating time-consuming border
formalities into and within these areas, and supporting
regionally based infrastructure projects;
(7) encouraging a greater understanding among United States
business and financial communities of the opportunities Africa
holds for United States exports; and
(8) monitoring--
(A) market loan rates and the availability of
capital for United States business investment in
Africa;
(B) loan rates offered by the governments of other
countries for investment in Africa; and
(C) the policies of other countries with respect to
export financing for investment in Africa that are
predatory or distort markets.
(c) Consultations.--In developing the strategy required by
subsection (a), the President shall consult with--
(1) Congress;
(2) each agency that is a member of the Trade Promotion
Coordinating Committee;
(3) the relevant multilateral development banks, in
coordination with the Secretary of the Treasury and the
respective United States Executive Directors of such banks;
(4) each agency that participates in the Trade Policy Staff
Committee;
(5) the President's National Export Council;
(6) each of the development agencies;
(7) any other Federal agencies with responsibility for
export promotion or financing and development; and
(8) the private sector, including businesses,
nongovernmental organizations, and African diaspora groups.
(d) Submission to Congress.--
(1) Strategy.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to
Congress the strategy required by subsection (a).
(2) Progress report.--Not later than 3 years after the date
of the enactment of this Act, the President shall submit to
Congress a report on the implementation of the strategy
required by subsection (a).
(3) Content of report.--The report required by paragraph
(2) shall include an assessment of the extent to which the
strategy required by subsection (a)--
(A) has been successful in developing critical
analyses of policies to increase exports to Africa;
(B) has been successful in increasing the
competitiveness of United States businesses in Africa;
(C) has been successful in creating jobs in the
United States, including the nature and sustainability
of such jobs;
(D) has provided sufficient United States
Government support to meet third country competition in
the region;
(E) has been successful in helping the African
diaspora in the United States participate in economic
growth in Africa;
(F) has been successful in promoting economic
integration in Africa; and
(G) has made a meaningful contribution to the
transformation of Africa and its full integration into
the 21st century world economy, not only as a supplier
of primary products but also as full participant in
international supply and distribution chains and as a
consumer of international goods and services.
SEC. 5. SPECIAL AFRICA STRATEGY COORDINATOR.
The President shall designate an individual to serve as Special
Africa Export Strategy Coordinator--
(1) to oversee the development and implementation of the
strategy required by section 4; and
(2) to coordinate with the Trade Promotion Coordinating
Committee, (the interagency AGOA committees), and development
agencies with respect to developing and implementing the
strategy.
SEC. 6. TRADE MISSION TO AFRICA.
It is the sense of Congress that, not later than 1 year after the
date of the enactment of this Act, the Secretary of Commerce and other
high-level officials of the United States Government with
responsibility for export promotion, financing, and development should
conduct a joint trade mission to Africa.
SEC. 7. PERSONNEL.
(a) United States and Foreign Commercial Service.--
(1) In general.--The Secretary of Commerce shall ensure
that not less than 12 total United States and Foreign
Commercial Service officers are assigned to Africa for each of
the first 5 fiscal years beginning after the date of the
enactment of this Act.
(2) Assignment.--The Secretary shall, in consultation with
the Trade Promotion Coordinating Committee and the Special
Africa Export Strategy Coordinator, assign the United States
and Foreign Commercial Service officers described in paragraph
(1) to United States embassies in Africa after conducting a
timely resource allocation analysis that represents a forward-
looking assessment of future United States trade opportunities
in Africa.
(3) Multilateral development banks.--
(A) In general.--As soon as practicable after the
date of the enactment of this Act, the Secretary of
Commerce shall assign not less than 1 full-time United
States and Foreign Commercial Service officer to the
office of the United States Executive Director at the
World Bank and the African Development Bank.
(B) Responsibilities.--Each United States and
Foreign Commercial Service officer assigned under
subparagraph (A) shall be responsible for--
(i) increasing the access of United States
businesses to procurement contracts with the
multilateral development bank to which the
officer is assigned; and
(ii) facilitating the access of United
States businesses to risk insurance, equity
investments, consulting services, and lending
provided by that bank.
(b) Export-Import Bank of the United States.--Of the amounts
collected by the Export-Import Bank that remain after paying the
expenses the Bank is authorized to pay from such amounts for
administrative expenses, the Bank shall use sufficient funds to do the
following:
(1) Increase the number of staff who spend the majority of
the year based in Africa, and increase the number of business
development trips it conducts in Africa to meet the goals set
forth in section 9.
(2) Increase the number of employees of the Bank assigned
to United States field offices of the Bank to not less than 30,
to be distributed as geographically appropriate through the
United States. Such offices shall coordinate with the related
export efforts undertaken by the Small Business Administration
regional field offices.
(3) Upgrade the Bank's equipment and software to more
expeditiously, effectively, and efficiently process and track
applications for financing received by the Bank.
(c) Overseas Private Investment Corporation.--
(1) Staffing.--Of the net offsetting collections collected
by the Overseas Private Investment Corporation used for
administrative expenses, the Corporation shall use sufficient
funds to increase by not more than 5 the staff needed to
promote stable and sustainable economic growth and development
in Africa, to strengthen and expand the private sector in
Africa, and to facilitate the general economic development of
Africa, with a particular focus on helping United States
businesses expand into African markets.
(2) Report.--The Corporation shall report to the
appropriate congressional committees on whether recent
technology upgrades have resulted in more effective and
efficient processing and tracking of applications for financing
received by the Corporation.
(d) Rule of Construction.--Nothing in this section shall be
construed as permitting the reduction of Department of Commerce,
Department of State, Export Import Bank, or Overseas Private Investment
Corporation personnel or the alteration of planned personnel increases
in other regions, except where a personnel decrease was previously
anticipated or where decreased export opportunities justify personnel
reductions.
SEC. 8. TRAINING.
The President shall develop a plan--
(1) to standardize the training received by United States
and Foreign Commercial Service officers, economic officers of
the Department of State, and economic officers of the United
States Agency for International Development with respect to the
programs and procedures of the Export-Import Bank of the United
States, the Overseas Private Investment Corporation, the Small
Business Administration, and the United States Trade and
Development Agency; and
(2) to ensure that, not later than 1 year after the date of
the enactment of this Act--
(A) all United States and Foreign Commercial
Service officers that are stationed overseas receive
the training described in paragraph (1); and
(B) in the case of a country to which no United
States and Foreign Commercial Service officer is
assigned, any economic officer of the Department of
State stationed in that country shall receive that
training.
SEC. 9. EXPORT-IMPORT BANK FINANCING.
(a) Financing for Projects in Africa.--
(1) Sense of congress.--It is the sense of Congress that
foreign export credit agencies are providing non-OECD
arrangement compliant financing in Africa, and that in order to
counter such actions and ensure United States jobs, the Export-
Import Bank should provide timely financing to meet such terms,
as appropriate.
(2) In general.--Section 6(a) of the Export-Import Bank Act
of 1945 (12 U.S.C. 635e(a)) is amended by adding at the end the
following:
``(4) Percent of financing to be used for projects in
africa.--The Bank shall increase the amount it finances to
Africa over the prior year's financing for each of the first
five fiscal years beginning after the date of the enactment of
the Increasing American Jobs Through Greater Exports to Africa
Act of 2012.''.
(3) Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for 5 years, the
Export-Import Bank shall report to the Committee on Banking,
Housing, and Urban Affairs, the Committee on Foreign Relations,
and the Committee on Appropriations of the Senate and the
Committee on Financial Services, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House of
Representatives if the Bank has not used at least 10 percent of
its lending capabilities for projects in Africa as described in
paragraph (4) of section 6(a) of the Export-Import Bank of
1945, as added by paragraph (2). The report shall include the
reasons why the Bank failed to reach this goal and a
description of all final applications for projects in Africa
that were deemed unworthy of Bank support.
(b) Availability of Portion of Capitalization To Compete Against
Foreign Concessional Loans.--
(1) In general.--The Bank shall make available annually
such amounts as are necessary for loans that counter trade
distorting non-OECD arrangement compliant financing or
preferential, tied aid, or other related non-market loans
offered by other nations for which United States companies are
also competing or interested in competing.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for 5 years, the
Export-Import Bank shall report to the Committee on Banking,
Housing, and Urban Affairs, the Committee on Foreign Relations,
and the Committee on Appropriations of the Senate and the
Committee on Financial Services, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House of
Representatives if the Bank has not used at least $250,000,000
annually for loans that counter non-OECD arrangement compliant
financing offered by other nations to its firms, as described
in paragraph (1). The report shall not disclose any information
that is confidential or business proprietary, or that would
violate section 1905 of title 18, United States Code (commonly
referred to as the ``Trade Secrets Act''). The report shall
include--
(A) a description of trade distorting non-OECD
arrangement compliant financing loans made by other
countries during that fiscal year to firms that
competed against United States firms;
(B) a description of any similar completed
applications from United States firms that were denied
by the Bank and the reason for such denial; and
(C) a description of any completed applications for
tied aid that were denied for financing by the Bank and
an explanation of why the applications were denied.
SEC. 10. SMALL BUSINESS ADMINISTRATION.
Section 22(b) of the Small Business Act (15 U.S.C. 649(b)) is
amended--
(1) in the matter preceding paragraph (1), by inserting
``the Trade Promotion Coordinating Committee,'' after
``Director of the United States Trade and Development
Agency,''; and
(2) in paragraph (3), by inserting ``regional offices of
the Export-Import Bank,'' after ``Retired Executives,''.
SEC. 11. BILATERAL, SUBREGIONAL AND REGIONAL, AND MULTILATERAL
AGREEMENTS.
Where applicable, the President shall explore opportunities to
negotiate bilateral, subregional, and regional agreements that
encourage trade and eliminate nontariff barriers to trade between
countries, such as negotiating investor friendly double-taxation
treaties and investment promotion agreements. United States negotiators
in multilateral forum should take into account the objectives of this
Act. To the extent any such agreements exist between the United States
and an African country, the President shall ensure that the agreement
is being implemented in a manner that maximizes the positive effects
for United States trade, export, and labor interests as well as the
economic development of the countries in Africa.
Calendar No. 536
112th CONGRESS
2d Session
S. 2215
[Report No. 112-231]
_______________________________________________________________________
A BILL
To create jobs in the United States by increasing United States exports
to Africa by at least 200 percent in real dollar value within 10 years,
and for other purposes.
_______________________________________________________________________
November 13, 2012
Reported with an amendment