[Congressional Record (Bound Edition), Volume 158 (2012), Part 12]
[Senate]
[Pages 16613-16615]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3311. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 3637, to temporarily extend the transaction account 
guarantee program, and for other purposes; which was ordered to lie on 
the table.

       On page 4, after line 20, add the following:

  TITLE II--INCREASING AMERICAN JOBS THROUGH GREATER EXPORTS TO AFRICA

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Increasing American Jobs 
     Through Greater Exports to Africa Act of 2012''.

     SEC. 202. PURPOSE.

       The purpose of this title 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. 203. DEFINITIONS.

       In this title:
       (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, 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.
       (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

[[Page 16614]]

     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. 204. 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. 205. 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 204; 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. 206. 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. 207. 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 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 209 and paragraph (4) of 
     section 6(a) of the Export-Import Bank of 1945, as added by 
     section 209(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) 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. 208. 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

[[Page 16615]]

     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. 209. 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, 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 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. 210. 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. 211. 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 title. 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.

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