[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2215 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 2215

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, and Mr. Coons) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Foreign Relations

_______________________________________________________________________

                                 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,

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, 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).
            (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) coordinating 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 governments 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 multilateral development 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.

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.--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.
            (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.
            (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 each 
                multilateral 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) 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.
            (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.

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 CAPITALIZATION.

    (a) In General.--Section 6(a)(2) of the Export-Import Bank Act of 
1945 (12 U.S.C. 635e(a)(2)) is amended--
            (1) in subparagraph (D), by striking ``and'';
            (2) in subparagraph (E), by striking ``2011,'' and 
        inserting ``2011, $95,000,000,000;''; and
            (3) by adding at the end the following:
                    ``(F) during fiscal year 2012 and each fiscal year 
                thereafter through fiscal year 2016, $150,000,000,000; 
                and
                    ``(G) subject to paragraph (4), during fiscal year 
                2017 and each fiscal year thereafter, 
                $175,000,000,000.''.
    (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:
            ``(4) Special rule for increase in applicable amount.--
                    ``(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.
                    ``(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.''.
    (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:
            ``(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.''.
    (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.

SEC. 10. TIED AID CREDIT FUND.

    (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.
    (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--
            (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;
            (2) a description of similar concessional (below market 
        rate) loans made by other countries during that fiscal year; 
        and
            (3) a description of any such grant requests that were 
        denied and the reason for such denial.

SEC. 11. 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. 12. BILATERAL, SUBREGIONAL AND REGIONAL, AND MULTILATERAL 
              AGREEMENTS.

    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.
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