[Congressional Record Volume 167, Number 56 (Thursday, March 25, 2021)]
[Senate]
[Pages S1826-S1828]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Boozman, Mr. Inhofe, Mr. Booker, 
        and Mr. Cardin):
  S. 1022. 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 
Banking, Housing, and Urban Affairs.
  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. 1022

       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

[[Page S1827]]

     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

[[Page S1828]]

     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.
                                 ______