[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