[Congressional Record Volume 158, Number 47 (Wednesday, March 21, 2012)]
[Senate]
[Pages S1933-S1935]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Boozman, and Mr. Coons):
  S. 2215. 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; to the Committee on 
Foreign Relations.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2215

       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

[[Page S1934]]

     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 
     twenty-first 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

[[Page S1935]]

     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.
                                 ______