[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1022 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1022

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 25, 2021

 Mr. Durbin (for himself, Mr. Boozman, Mr. Inhofe, Mr. Booker, and Mr. 
    Cardin) introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 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 2021''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) Export growth helps United States business grow and 
        create United States jobs. Ninety-eight percent of United 
        States exports came from approximately 300,000 small- and 
        medium-sized businesses supporting 4,000,000 United States 
        jobs.
            (2) In a February 5, 2021, message to an African leaders 
        meeting at the African Union Summit, President Joseph R. Biden 
        reaffirmed the United States relationship with African 
        countries as partners in the continent-wide spirit of 
        entrepreneurship and innovation.
            (3) Many countries have trade-distorting export promotion 
        programs that aggressively subsidize exports to Africa and 
        other countries around the world. In 2019, there were 115 known 
        official export credit providers around the world, including 
        export credit agencies, up from 85 in 2015--a 35 percent 
        increase from 2015 to 2019. The increasing investment by 
        foreign governments into export credit can threaten 
        competitiveness of United States businesses abroad.
            (4) Between 2008 and 2019, the People's Republic of China 
        alone provided more than $462,000,000,000 in loans to the 
        developing world, and, in 2009, the People's Republic of China 
        surpassed the United States as the leading trade partner of 
        African countries. The Export-Import Bank of the United States 
        reports the People's Republic of China's export finance 
        activity is larger than all the other export credit agencies in 
        the Group of 7 countries combined, making the People's Republic 
        of China the world's largest official creditor with a portfolio 
        more than twice the size of the World Bank and International 
        Monetary Fund combined.
            (5) The Export-Import Bank of the United States supported 
        $12,400,000,000 worth of transactions to sub-Saharan Africa 
        from 2009 to 2019, while in 2018, the People's Republic of 
        China made up 22 percent of public debt stock, and, in 2020, 
        the People's Republic of China made up 29 percent of debt 
        service in low-income countries in Africa. The People's 
        Republic of China accounts for a quarter or more of all public 
        and publicly guaranteed debt in Angola, Djibouti, Cameroon, the 
        Republic of the Congo, Ethiopia, Kenya, and Zambia.
            (6) The practice of the People's Republic of China of 
        concessional financing runs contrary to the principles of the 
        Organisation for Economic Co-operation and Development related 
        to open market rates, undermines naturally competitive rates, 
        and incentivizes governments in Africa to overlook the People's 
        Republic of China's troubling record on labor practices, human 
        rights, and environmental impact.
            (7) Sixty percent of Africa's approximately 1,250,000,000 
        people are under the age of 25, and by the year 2050, one-third 
        of global youth will be in sub-Saharan Africa. By 2030, Africa 
        will have 17 cities with more than 5,000,000 inhabitants, as 
        well as 90 cities with populations of at least 1,000,000. Both 
        are factors contributing to rising household consumption 
        predicted to reach approximately $2,500,000,000,000 by 2030.
            (8) When countries such as the People's Republic of China 
        assist with large-scale government projects, they often gain 
        access to valuable commodities such as oil and copper, 
        typically without regard to environmental, human rights, labor, 
        or governance standards.
    (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) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Appropriations, the Committee 
                on Banking, Housing, and Urban Affairs, the Committee 
                on Foreign Relations, and the Committee on Finance 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.
            (4) Development agencies.--The term ``development 
        agencies'' includes the United States Department of State, the 
        United States Agency for International Development, the 
        Millennium Challenge Corporation, the United States 
        International Development Finance Corporation, the United 
        States Trade and Development Agency, the United States 
        Department of Agriculture, and relevant multilateral 
        development banks.
            (5) 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.
            (6) 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).
            (7) 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, which is composed of representatives of 
        Federal agencies in charge of developing and coordinating 
        United States positions on international trade and trade-
        related investment issues.
            (8) Trade promotion coordinating committee.--The term 
        ``Trade Promotion Coordinating Committee'' means the Trade 
        Promotion Coordinating Committee established under section 2312 
        of the Export Enhancement Act of 1988 (15 U.S.C. 4727).
            (9) 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 critical energy security, 
        infrastructure development, technology, telecommunications, and 
        agriculture;
            (4) improving the competitiveness of United States 
        businesses in Africa, including by encouraging the adoption of 
        United States construction codes and product standards, with 
        emphasis on those designated as American National Standards by 
        the American National Standards Institute where applicable;
            (5) exploring the role the African diaspora can play in 
        enhancing competitiveness of United States businesses in Africa 
        and 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;
            (8) fostering partnership opportunities between United 
        States and African small- and medium-sized enterprises;
            (9) supporting African entrepreneurship and private sector 
        development as a means to sustainable economic growth and 
        security; and
            (10) 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 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 accounting of all current United States 
        Government programs to promote exports to and trade with Africa 
        and to assist United States businesses competing in the African 
        market as well as 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;
                    (G) has encouraged specific policies and programs 
                in Africa that provide a stable, safe, and transparent 
                environment in which business and entrepreneurship can 
                thrive; and
                    (H) 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 EXPORT 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 Assistant United States Trade Representative for 
        African Affairs, 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 10 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 or consulates 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, using existing staff, assign not less 
                than 1 full-time United States and Foreign Commercial 
                Service officer to be split between 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 dedicated to expanding 
        business development for Africa, including increasing the 
        number of business development trips the Bank conducts to 
        Africa and the amount of time staff spends in Africa to meet 
        the goals set forth in section 9 and paragraph (5) of section 
        6(a) of the Export-Import Bank of 1945, as added by section 
        9(a)(2).
            (2) Maintain an appropriate number of employees of the Bank 
        assigned to United States field offices of the Bank 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) United States International Development Finance Corporation.--
            (1) Staffing.--Of the net offsetting collections collected 
        by the United States International Development Finance 
        Corporation and used for administrative expenses, the 
        Corporation shall use sufficient funds to increase by not more 
        than 2 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.
            (3) Certain costs not considered administrative expenses.--
        For purposes of this subsection, systems infrastructure costs 
        associated with activities authorized by the Better Utilization 
        of Investments Leading to Development Act of 2018 (22 U.S.C. 
        9601 et seq.) shall not be considered administrative expenses.
    (d) Rule of Construction.--Nothing in this section shall be 
construed as permitting the reduction of personnel of the Department of 
Commerce, the Department of State, the Export-Import Bank of the United 
States, or the United States International Development Finance 
Corporation 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 United States International Development Finance 
        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 receives 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 financing in 
        Africa that is not compliant with the Arrangement of the 
        Organisation for Economic Co-operation and Development, which 
        is trade distorting and threatens United States jobs.
            (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:
            ``(5) Percent of financing to be used for projects in 
        africa.--The Bank shall, to the extent that there are 
        acceptable final applications, increase the amount it finances 
        to Africa over the prior year's financing for each of the first 
        5 fiscal years beginning after the date of the enactment of the 
        Increasing American Jobs Through Greater Exports to Africa Act 
        of 2021.''.
            (3) Report required.--
                    (A) In general.--Not later than 1 year after the 
                date of the enactment of this Act, and annually 
                thereafter for 5 years, the Export-Import Bank of the 
                United States shall submit to the committees specified 
                in subsection (d) a report if the Bank has not used at 
                least 10 percent of its lending capabilities for 
                projects in Africa as described in paragraph (5) of 
                section 6(a) of the Export-Import Bank of 1945, as 
                added by paragraph (2), during the preceding year.
                    (B) Elements.--Each report required by subparagraph 
                (A) shall include a description of--
                            (i) the reasons why the Bank failed to 
                        reach the goal described in that subparagraph; 
                        and
                            (ii) all final applications for projects in 
                        Africa that the Bank did not 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 financing that is not compliant with the Arrangement 
        of the Organisation for Economic Co-operation and Development 
        or preferential, tied aid, or other related non-market loans 
        offered by other countries with which United States businesses 
        are also competing or interested in competing.
            (2) Report required.--
                    (A) In general.--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 
                submit to the committees specified in subsection (d) a 
                report on all loans made or rejected by the Bank during 
                the preceding year that were considered to counter 
                trade-distorting financing that is not compliant with 
                the Arrangement of the Organisation for Economic Co-
                operation and Development and was offered by other 
                countries to its firms.
                    (B) Inclusion.--Each report required by 
                subparagraph (A) shall include a description of the 
                terms of the financing described in that subparagraph 
                offered by other countries to firms that competed 
                against the United States firms.
    (c) Trade Secrets Act.--A report required by subsection (a)(3) or 
subsection (b)(2) may 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'').
    (d) Committees Specified.--The committees specified in this 
subsection are--
            (1) the Committee on Banking, Housing, and Urban Affairs, 
        the Committee on Foreign Relations, and the Committee on 
        Appropriations of the Senate; and
            (2) the Committee on Financial Services, the Committee on 
        Foreign Affairs, and the Committee on Appropriations of the 
        House of Representatives.

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 striking 
        ``Director of the United States Trade and Development Agency,'' 
        and inserting ``the Director of the United States Trade and 
        Development Agency, the Trade Promotion Coordinating 
        Committee,''; and
            (2) in paragraph (3), by inserting ``regional offices of 
        the Export-Import Bank of the United States,'' after ``Retired 
        Executives,''.

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

    (a) In General.--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.
    (b) Agreements With African Countries.--To the extent any agreement 
described in subsection (a) exists 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.
    (c) Consideration of Objectives.--United States negotiators in 
multilateral fora should take into account the objectives of this Act.
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