[Congressional Record (Bound Edition), Volume 159 (2013), Part 4]
[Senate]
[Pages 5013-5021]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. HIRONO (for herself and Mr. Hatch):
  S. 703. A bill to amend the Immigration and Nationality Act to 
provide for the eligibility of the Hong Kong Special Administration 
Region for designation for participation in the visa waiver program for 
certain visitors to the United States; to the Committee on the 
Judiciary.
  Ms. HIRONO. Mr. President, I rise today to introduce S. 703 with 
Senator Hatch to fix a technical problem that prevents Hong Kong from 
joining the Visa Waiver Program. Under current law, only ``countries'' 
are eligible for the program, and Hong Kong is not a sovereign country, 
so a special provision needs to be added to the law to make Hong Kong 
eligible.
  On July 1, 1997, after over 150 years of British rule, Hong Kong 
became a Special Administrative Region of China, retaining its own 
currency, free market economy, political system, civil liberties, and 
immigration policies. This autonomy was recognized by the United States 
and affirmed by Congress in passing the United States-Hong Kong Policy 
Act.
  Today we have a robust bilateral relationship with Hong Kong, a 
global financial and trading hub, which was our 10th largest export 
market last year and whose trade ties are significant for many States. 
The State Department considers Hong Kong an important law enforcement 
partner in combating money laundering and eliminating funding for 
terrorist networks.
  Despite our visa policies treating it separate from Mainland China, 
because it is not a ``country,'' Hong Kong is unable to be considered 
for the Visa Waiver Program. The Visa Waiver Program is an essential 
tool for promoting travel and tourism to America while protecting 
national security by allowing precleared business and leisure travelers 
from 37 countries to visit the U.S. for up to 90 days without obtaining 
a nonimmigrant visitor visa.
  Hong Kong has secured visa waivers for its passport holders from over 
140 countries and territories, including allies such as Canada, 
Australia, New Zealand, Japan, South Korea, and all member states of 
the European Union. Hong Kong has already extended visa waivers to 
American citizens. Our laws shouldn't be a barrier to do the same in 
the future.
  As our largest industry, tourism is important to Hawaii, especially 
from Asia. Our largest source of foreign tourists comes from Japan, a 
visa waiver country since 1988. In 2011, domestic and international 
visitors to Hawaii spent $16.9 billion which supported 160,800 jobs in 
the islands according to the U.S. Travel Association.
  I urge my colleagues to cosponsor this bipartisan, commonsense 
legislation.
                                 ______
                                 
      By Mrs. FEINSTEIN (for herself, Mr. Grassley, Mr. Blumenthal, Ms. 
        Heitkamp, Ms. Klobuchar, Mr. Udall of New Mexico, and Mr. 
        Wyden):
  S. 706. A bill to provide the Department of Justice with additional 
tools to target extraterritorial drug trafficking activity, and for 
other purposes; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I rise to introduce the Transnational 
Drug Trafficking Act of 2013 with my colleagues and friends, Senator 
Charles Grassley, Senator Richard Blumenthal, Senator Heidi Heitkamp, 
Senator Amy Klobuchar, Senator Tom Udall and Senator Ron Wyden.
  This bill, which passed the Senate unanimously in the last Congress, 
will support the Obama administration's Strategy to Combat 
Transnational Organized Crime by providing the Department of Justice 
with crucial tools to help combat the international drug trade. As drug 
traffickers find new and innovative ways to avoid prosecution, we must 
keep up with them rather than allowing them to exploit loopholes as our 
laws lag behind.
  This legislation has three main components. First, it puts in place 
penalties for extraterritorial drug trafficking activity when 
individuals have reasonable cause to believe that illegal drugs will be 
trafficked into the United States. Current law says that drug 
traffickers must know that illegal drugs will be trafficked into the 
United States and this legislation would lower the knowledge threshold 
to reasonable cause to believe.
  The Department of Justice has informed my office that with increasing 
frequency, it sees drug traffickers from Colombia, Ecuador and Peru who 
produce cocaine in their countries but leave transit of cocaine to the 
United States in the hands of Mexican drug trafficking organizations 
such as the Zetas. Under current law, our ability to prosecute source-
nation traffickers from Colombia, Ecuador and Peru is limited since 
there is often no direct evidence of their knowledge that illegal drugs 
were intended for the United States. But make no mistake, drugs 
produced in these countries fuel violent crime throughout the Western 
Hemisphere as well as addiction and death in the United States.
  Second, this bill puts in place penalties for precursor chemical 
producers from other countries, such as those producing pseudoephedrine 
used for methamphetamine, who illegally ship precursor chemicals into 
the United States knowing that these chemicals will be used to make 
illegal drugs.
  Third, this bill will make a technical fix to the Counterfeit Drug 
Penalty Enhancement Act which was signed into law last year and 
increases penalties for the trafficking of counterfeit drugs. The fix, 
requested by the Department of Justice, puts in place a ``knowing'' 
requirement which was unintentionally left out of the original bill. 
The original bill makes the mere sale of a drug that happens to be 
counterfeit a federal felony offense regardless of whether the seller 
knew the drug was counterfeit. Under the original bill, a pharmacist 
could be held criminally liable if he or she unwittingly sold 
counterfeit drugs to a customer. Adding a ``knowing'' requirement 
corrects this problem.
  As Chairman of the Senate Caucus on International Narcotics Control 
and as a public servant who has focused on law enforcement issues for 
many years, I know that we cannot sit idly by as drug traffickers find 
new ways to circumvent our laws. We must provide the Department of 
Justice with all of the tools it needs to prosecute drug kingpins both 
here at home and abroad.
  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. 706

       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 ``Transnational Drug 
     Trafficking Act of 2013''.

[[Page 5014]]



     SEC. 2. POSSESSION, MANUFACTURE OR DISTRIBUTION FOR PURPOSES 
                   OF UNLAWFUL IMPORTATIONS.

       Section 1009 of the Controlled Substances Import and Export 
     Act (21 U.S.C. 959) is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d), respectively; and
       (2) in subsection (a), by striking ``It shall'' and all 
     that follows and inserting the following: ``It shall be 
     unlawful for any person to manufacture or distribute a 
     controlled substance in schedule I or II or flunitrazepam or 
     a listed chemical intending, knowing, or having reasonable 
     cause to believe that such substance or chemical will be 
     unlawfully imported into the United States or into waters 
     within a distance of 12 miles of the coast of the United 
     States.
       ``(b) It shall be unlawful for any person to manufacture or 
     distribute a listed chemical--
       ``(1) intending or knowing that the listed chemical will be 
     used to manufacture a controlled substance; and
       ``(2) intending, knowing, or having reasonable cause to 
     believe that the controlled substance will be unlawfully 
     imported into the United States.''.

     SEC. 3. TRAFFICKING IN COUNTERFEIT GOODS OR SERVICES.

       Chapter 113 of title 18, United States Code, is amended--
       (1) in section 2318(b)(2), by striking ``section 2320(e)'' 
     and insertion ``section 2320(f)''; and
       (2) in section 2320--
       (A) in subsection (a), by striking paragraph (4) and 
     inserting the following:
       ``(4) traffics in a drug and knowingly uses a counterfeit 
     mark on or in connection with such drug,'';
       (B) in subsection (b)(3), in the matter preceding 
     subparagraph (A), by striking ``counterfeit drug'' and 
     inserting ``drug that uses a counterfeit mark on or in 
     connection with the drug''; and
       (C) in subsection (f), by striking paragraph (6) and 
     inserting the following:
       ``(6) the term `drug' means a drug, as defined in section 
     201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     321).''.
                                 ______
                                 
      By Mr. REED (for himself, Mr. Franken, Ms. Stabenow, Mr. 
        Whitehouse, Mr. Sanders, and Mr. Brown):
  S. 707. A bill to amend the Higher Education Act of 1965 to extend 
the reduced interest rate for Federal Direct Stafford Loans; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. REED. Mr. President, once again, on July 1, millions of college 
students will see the interest rate double on their student loans from 
3.4 percent to 6.8 percent unless Congress takes action. Borrowers will 
pay an estimated $1,000 more in interest on their loans each year of 
repayment if Congress fails to act.
  Student loan debt is second only to mortgage debt for American 
families. Now is not the time to add to student loan debt by allowing 
the interest rate on need-based student loans to double. I am pleased 
to introduce the Student Loan Affordability Act with my colleagues 
Senator Al Franken, Senator Sheldon Whitehouse, Senator Debbie 
Stabenow, Senator Sherrod Brown, and Senator Bernie Sanders to maintain 
the current 3.4 percent interest rate for the next 2 years, as we work 
towards a long-term solution in the reauthorization of the Higher 
Education Act.
  Last Congress, we narrowly averted a doubling of the interest rate on 
need-based student loans. It took thousands of calls, letters, and 
rallies from students and parents across the country and our concerted 
effort to negotiate a bipartisan solution. However, we were only able 
to get a temporary, 1-year fix.
  The budget passed by the House Republicans assumes a doubling of the 
interest rate. In stark contrast, the budget resolution we passed last 
month accommodates legislation to keep rates low.
  We need to come together to develop long-term solutions to the 
growing burden of student loan debt, the rising cost of college, and 
the need to improve higher education outcomes so that students complete 
their degrees and get the full benefit of their investment in 
education. Everyone agrees that college costs are too high and climbing 
higher. Families will be priced out of a college education, even with 
grants and loans, if we do not take real action on curbing cost 
increases.
  What we can do right now is reassure students and families that we 
will not allow the interest rate to double this July at a time when 
interest rates are at historic lows.
  Student loan debt affects millions of Americans. Two-thirds of the 
class of 2011 graduated owing student loans, with an average debt of 
$26,000. Student loan debt has passed the $1 trillion mark--exceeding 
credit card debt. Moreover, the students and families we are trying to 
help with the Student Loan Affordability Act have demonstrated economic 
need. Indeed, approximately 60 percent of the dependent students who 
qualify for subsidized loans come from families with incomes of less 
than $60,000.
  The question before us is will we make the student loan debt burden 
worse by allowing interest rates to double or will we take action to 
protect low and moderate income students.
  We need to act fast. July 1 is only 81 days away. I urge all our 
colleagues to join us in supporting the Student Loan Affordability Act.
                                 ______
                                 
      By Mr. LEAHY (for himself and Mr. Coons):
  S. 712. A bill to allow acceleration certificates awarded under the 
Patents for Humanity Program to be transferrable; to the Committee on 
the Judiciary.
  Mr. LEAHY. Mr. President, the American intellectual property system 
is rightly held as the global standard for promoting innovation and 
driving economic growth. This is particularly true of our patent 
system, which was recently updated and strengthened for the 21st 
century by the Leahy-Smith America Invents Act. The fundamental truth 
that our Founders recognized more than 200 years ago--that limited 
exclusive rights for inventors incentivize research and development--
continues to benefit consumers and the American economy at large.
  These limited rights can also be applied to incentivize research and 
discoveries that advance humanitarian needs. In my time in the Senate, 
I have worked to promote policies that encourage intellectual property 
holders to apply their work to address global humanitarian challenges. 
Today, I am pleased to join with Senator Coons in reintroducing the 
Patents for Humanity Program Improvement Act to again advance such 
policies.
  This legislation improves on a program created by the United States 
Patent and Trademark Office, PTO, last year. The PTO's Patents for 
Humanity Program provides rewards to selected patent holders who apply 
their technology to a humanitarian issue that significantly affects the 
public health or quality of life of an impoverished population. Those 
who receive the award are given a certificate to accelerate certain PTO 
processes.
  This year, the innovations that received awards touched on critical 
areas that will help improve the quality of life for people throughout 
the world. Award winners worked to improve the treatment and diagnosis 
of devastating diseases, improve nutrition and the environment, and 
combat the spread of dangerous counterfeit drugs. These are innovations 
that will make a real difference in the lives of people in the 
developing world and elsewhere.
  Following a Judiciary Committee hearing last year, I asked PTO 
Director Kappos whether the Patents for Humanity program would be more 
effective, and more attractive to innovators, if the acceleration 
certificates awarded were transferable to a third party. He responded 
that it would, and that it would be particularly beneficial to small 
businesses. The Patents for Humanity Program Improvement Act makes 
these acceleration certificates transferrable. It is a straightforward, 
cost-neutral bill that will strengthen this useful program.
  When Congress can establish policies that provide business incentives 
for humanitarian endeavors, it should not hesitate to act. I urge the 
Senate to work swiftly to pass this legislation.
  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:

[[Page 5015]]



                                 S. 712

       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 ``Patents for Humanity Program 
     Improvement Act of 2013''.

     SEC. 2. TRANSFERABILITY OF ACCELERATION CERTIFICATES.

       (a) In General.--A holder of an acceleration certificate 
     issued pursuant to the Patents for Humanity Program 
     (established in the notice entitled ``Humanitarian Awards 
     Pilot Program'', published at 77 Fed. Reg. 6544 (February 8, 
     2012)), or any successor thereto, of the United States Patent 
     and Trademark Office, may transfer (including by sale) the 
     entitlement to such acceleration certificate to another 
     person.
       (b) Requirement.--An acceleration certificate transferred 
     under subsection (a) shall be subject to any other applicable 
     limitations under the notice entitled ``Humanitarian Awards 
     Pilot Program'', published at 77 Fed. Reg. 6544 (February 8, 
     2012), or any successor thereto.
                                 ______
                                 
      By Mr. REED (for himself and Mr. Whitehouse):
  S. 713. A bill to amend the Magnuson-Stevens Fishery Conservation and 
Management Act to add Rhode Island to the Mid-Atlantic Fishery 
Management Council; to the Committee on Commerce, Science, and 
Transportation.
  Mr. REED. Mr. President, today, along with my colleague Senator 
Whitehouse, I am introducing the Rhode Island Fishermen's Fairness Act 
of 2013.
  For nearly a decade, I have worked to give the fishermen of my state 
full participation in the management of the fish stocks that they rely 
on for their livelihoods.
  The Magnuson-Stevens Fishery Conservation and Management Act 
established eight regional fishery management councils to give 
fishermen and other stakeholders the leading role in developing the 
fishery management plans for federally-regulated species. As such, the 
councils have enormous significance on the lives and livelihoods of 
fishermen. To ensure equitable representation, the statute sets out the 
states from which appointees are to be drawn for each council.
  Under the Magnuson-Stevens Act, the State of Rhode Island was granted 
voting membership on the New England Fishery Management Council, NEFMC, 
as NEFMC-managed stocks represent a significant percentage of landings 
and revenue for the state. However, while Rhode Island's participation 
in the New England fishery remains important, its stake in the Mid-
Atlantic fishery has become more critical. Yet, it does not have voting 
representation on the Mid-Atlantic Fishery Management Council, MAFMC, 
which currently consists of representatives from New York, New Jersey, 
Delaware, Pennsylvania, Maryland, Virginia, and North Carolina.
  Rhode Island's stake in the Mid-Atlantic fishery is hardly 
incidental. According to National Oceanic and Atmospheric 
Administration, NOAA, data, Rhode Island accounted for approximately 20 
percent of the commercial catch from this fishery in 2012, and its 
landings are greater than the combined total of landings for the States 
of New York, Delaware, Pennsylvania, Maryland, Virginia, and North 
Carolina. In fact, New Jersey is the only state currently represented 
on the MAFMC that lands more MAFMC-regulated species than Rhode Island.
  While Rhode Island is represented on some policy-setting committees 
on the MAFMC, its position on those committees is not guaranteed nor 
does the state have a vote on matters as they come before the full 
council. Having that representation can be critically important to 
Rhode Island as decisions are made on critical stocks like squid, which 
comprised 40 percent of the state's annual landings in 2012 according 
to NOAA data, and is a major part of our commercial fishing sector.
  This legislation offers Rhode Island that voice. Following current 
practice, the Rhode Island Fishermen's Fairness Act would create two 
seats on the MAFMC for Rhode Island: one seat appointed by the 
Secretary of Commerce based on recommendations from the Governor of 
Rhode Island, and a second seat filled by Rhode Island's principal 
State official with marine fishery management responsibility. To 
accommodate these new members, the MAFMC would increase in size from 21 
voting members to 23.
  There is precedent for this type of change. North Carolina was added 
to the MAFMC through an amendment to the Sustainable Fisheries Act in 
1996. Like Rhode Island, a significant proportion of North Carolina's 
landed fish species were managed by the MAFMC, yet the state had no 
vote on the council.
  With mounting economic, ecological, and regulatory challenges, it is 
more important than ever that Rhode Island's fishermen have a voice in 
the management of the fisheries on which they depend. I look forward to 
working with Senator Whitehouse and my other colleagues to restore a 
measure of equity to the fisheries management process by passing the 
Rhode Island Fishermen's Fairness Act.
                                 ______
                                 
      By Mr. REID:
  S. 716. A bill to modify the requirements under the STOCK Act 
regarding online access to certain financial disclosure statements and 
related forms; considered and passed.
  Mr. REID. 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. 716

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. MODIFICATIONS OF ONLINE ACCESS TO CERTAIN 
                   FINANCIAL DISCLOSURE STATEMENTS AND RELATED 
                   FORMS.

       (a) Public, Online Disclosure of Financial Disclosure 
     Forms.--
       (1) In general.--Except with respect to financial 
     disclosure forms filed by officers and employees referred to 
     in paragraph (2), section 8(a) and section 11(a) of the STOCK 
     Act (5 U.S.C. App. 105 note) shall not be effective.
       (2) Exempted officers and employees.--The officer and 
     employees referred to in paragraph (1) are the following:
       (A) The President.
       (B) The Vice President.
       (C) Any Member of Congress.
       (D) Any candidate for Congress.
       (E) Any officer occupying a position listed in section 5312 
     or section 5313 of title 5, United States Code, having been 
     nominated by the President and confirmed by the Senate to 
     that position.
       (3) Conforming amendment.--Section 1 of the Act entitled 
     ``An Act to change the effective date for the internet 
     publication of certain information to prevent harm to the 
     national security or endangering the military officers and 
     civilian employees to whom the publication requirement 
     applies, and for other purposes'' is repealed.
       (b) Electronic Filing and Online Availability.--
       (1) For members of congress and candidates.--Section 8(b) 
     of the STOCK Act (5 U.S.C. App. 105 note) is amended--
       (A) in the heading, by striking ``, Officers of the House 
     and Senate, and Congressional Staff'';
       (B) in paragraph (1)--
       (i) by striking ``18 months after the date of enactment of 
     this Act'' and inserting ``January 1, 2014'';
       (ii) by amending subparagraph (B) to read as follows:
       ``(B) public access to--
       ``(i) financial disclosure reports filed by Members of 
     Congress and candidates for Congress,
       ``(ii) reports filed by Members of Congress and candidates 
     for Congress of a transaction disclosure required by section 
     103(l) of the Ethics in Government Act of 1978, and
       ``(iii) notices of extensions, amendments, and blind 
     trusts, with respect to financial disclosure reports 
     described in clauses (i) and (ii),

     pursuant to title I of the Ethics in Government Act of 1978 
     (5 U.S.C. App. 101 et seq.), through databases that are 
     maintained on the official websites of the House of 
     Representatives and the Senate.'';
       (C) in paragraph (2)--
       (i) by striking the first two sentences; and
       (ii) in the last sentence, by striking ``under this 
     section'' and inserting ``under paragraph (1)(B)'';
       (D) in paragraph (3), by striking ``under this subsection'' 
     and inserting ``under paragraph (1)(B)'';
       (E) in paragraph (4), by inserting ``be able to'' after 
     ``shall''; and
       (F) in paragraph (5), by striking ``under this subsection'' 
     and inserting ``under paragraph (1)(B)''.
       (2) For executive branch officials.--Section 11(b) of the 
     STOCK Act (5 U.S.C. App. 105 note) is amended--
       (A) in the heading, by striking ``Employees'' and inserting 
     ``Officials'' ;

[[Page 5016]]

       (B) in paragraph (1)--
       (i) by striking ``18 months after the date of enactment of 
     this Act'' and inserting ``January 1, 2014'';
       (ii) by amending subparagraph (B) to read as follows:
       ``(B) public access to--
       ``(i) financial disclosure reports filed by the President, 
     the Vice President, and any officer occupying a position 
     listed in section 5312 or section 5313 of title 5, United 
     States Code, having been nominated by the President and 
     confirmed by the Senate to that position,
       ``(ii) reports filed by any individual described in clause 
     (i) of a transaction disclosure required by section 103(l) of 
     the Ethics in Government Act of 1978, and
       ``(iii) notices of extensions, amendments, and blind 
     trusts, with respect to financial disclosure reports 
     described in clauses (i) and (ii),

     pursuant to title I of the Ethics in Government Act of 1978 
     (5 U.S.C. App. 101 et seq.), through databases that are 
     maintained on the official website of the Office of 
     Government Ethics.'';
       (C) in paragraph (2)--
       (i) by striking the first two sentences; and
       (ii) in the last sentence, by striking ``under this 
     section'' and inserting ``under paragraph (1)(B)'';
       (D) in paragraph (3), by striking ``under this subsection'' 
     and inserting ``under paragraph (1)(B)'';
       (E) in paragraph (4), by inserting ``be able to'' after 
     ``shall''; and
       (F) in paragraph (5), by striking ``under this subsection'' 
     and inserting ``under paragraph (1)(B)''.
                                 ______
                                 
      By Mr. DURBIN (for himself, Mr. Boozman, Mr. Coons, Ms. Landrieu, 
        and Mr. Cardin):
  S. 718. 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 rise to discuss the Increasing American 
Jobs through Greater Exports to Africa Act of 2013.
  I am introducing this bill along with my partners from the last 
Congress. Senator Chris Coons from the State of Delaware is in the 
Chamber, the chair of the African Affairs Subcommittee of the Senate 
Foreign Relations Committee. Senators John Boozman, Ben Cardin, and 
Mary Landrieu have joined us in this bipartisan effort. We expect 
Representatives Chris Smith and Karen Bass will soon introduce 
companion legislation in the House.
  This is a very straightforward, commonsense piece of legislation.
  It is about creating jobs, American jobs. Every $1 billion in exports 
from America supports over 5,000 jobs. This bill seeks to expand U.S. 
exports specifically to Africa by 200 percent in real dollar value over 
the next 10 years. The African market is ripe for greater American 
commercial engagement. In the past 10 years, people do not believe 
this, but they should take a look at the facts. In the past 10 years, 
six of the worlds fastest growing economies were located in Sub-Saharan 
Africa.
  In the next decade, 7 of the top 10 will be in Sub-Saharan Africa. 
The mental image which most Americans have of Africa is completely out 
of date. Africa is growing, not only in population but in economic 
activity. The middle class of Africa is growing as well. Their appetite 
for goods and service puts an opportunity before us to export from 
America and to create good jobs in our country with exports to Africa.
  In the last decade, the number of Africans with access to the 
Internet has doubled. From 1998 to today, the number of mobile phones 
on the continent has grown from 4 million to 500 million. Seventy-eight 
percent of Africa's rural population now has access to clean water. 
Over the last 10 years, real income per person in Africa has increased 
by more than 30 percent. Positive health outcomes are increasing. 
Enrollment in school is growing.
  These are signs of a growing middle class and what the World Bank has 
called the brink of an economic takeoff in Africa. As my colleague and 
friend Senator Coons has noted, in a report he recently released on the 
topic, economic growth in Africa has risen dramatically in recent 
years. But the continent's vast economic potential has not yet been 
fully realized by the U.S. Government or the American people.
  That report from Senator Coons could not have been more timely and 
accurate as far as I am concerned. I can tell you, American companies 
are eager to get into the African market. They should be. But they 
often face a private finance system that is stuck, thinking about 
Africa through the prism of the past: wars, famine, strongmen 
dictators.
  I have met with these company leaders, large and small companies 
alike. They tell me the same thing: The U.S. does not have a 
coordinated strategy for Africa. Others do. China and others are 
gaining a foothold in Africa at the expense of our workers. Yesterday, 
the Ambassador from Algeria came to see me. It is a country that has a 
fascinating background, colonized like most of the countries in Africa. 
It went through a storied period of independence in the 1960s and has 
French roots. The Ambassador said: We pride ourselves, we believe we 
speak better French than the people living in France. That is their 
past.
  I asked them about their future. I said: What is the presence of 
China in Algeria today? He said: It is a growing presence. When it 
comes to the infrastructure of Algeria, it is China that is playing a 
major role. It is China that is loaning the money to Algeria to build 
the roads and the bridges and the airports. But there is a catch. You 
want to borrow the money from China? There will be Chinese architects, 
Chinese engineers, Chinese contractors, and half the workforce will be 
Chinese.
  Pretty soon they will have become part of Algeria. The next time 
there is a decision, whether it is for a telecommunications system, 
whatever it might be, you can bet the Chinese, with a history of 
working with the Algerian Government, will be first in line.
  They know what is happening there. Africa is developing its economy 
and they are part of it. They see Africa from two or three different 
perspectives. First, obviously, it is an opportunity to sell things. It 
is a market. Second, it can provide basic resources and energy needed 
by the Chinese. Third, as the middle class grows in each of these 
countries, the appetite for more and more economic activity will grow.
  There was a time when America knew that too. There was a time when we 
visited the four corners of the world looking for those same 
opportunities. We are sitting back now and watching. As we watch, China 
is moving. As I have said many times, the U.S. system of export, 
promotion, and finance is so poorly coordinated that it is a shame we 
are losing so many opportunities.
  We have dozens of government agencies that are supposed to be working 
on this problem. I called many of them in my office. It was the first 
time some of them had met one another. They are supposed to be working 
together. This bill we are introducing will fix it. It would require a 
coordinated government strategy to help increase U.S. exports to 
Africa.
  Responsibility for overseeing the implementation of this strategy 
would be vested in a single position, one coordinator. No more agencies 
tripping over one another. No more competing priorities. Every day we 
delay, China and, I might add, India and others will fill the void if 
America does not step forward.
  Since 2009, China has been Africa's largest trading partner. It has 
flooded the continent with billions of dollars building high-profile 
construction projects. Often the assistance comes in the form of 
concessional loans, loans that, frankly, suggest you can borrow $100 
million, you only have to pay back $70 million. That practice distorts 
markets, puts our companies in America at a disadvantage.
  Between 2008 and 2010, China provided more to the developing world 
than the World Bank, to the tune of $110 billion. Currently, China's 
exports to Africa outnumber America's three to one. The Chinese get it. 
Should America not get it? Through this engagement, the Chinese are 
becoming major players all over Africa. I defy you to find a country in 
Africa where the Chinese are not already a part of the economy and part 
of the economic conversation.
  Recently, Senegal's President Macky Sall told President Obama exactly 
that

[[Page 5017]]

in a meeting at the White House, arguing the West should pay as much 
attention to Africa as China does. I have heard the same thing 
firsthand, not just from the Algerian Ambassador but from the former 
President of Ethiopia. Across the continent, it is the same question: 
Where is the United States?
  This bill answers the question. No longer would Africans wonder why 
American companies were not doing business there. The bill bolsters 
U.S. Government ability to support these companies, maintains a solid 
presence of U.S. commercial Foreign Service officers. It is going to 
help small and medium businesses in the United States compete in 
Africa. It will increase the focus of the Export-Import Bank, giving it 
greater incentive to aggressively counter those concessional loans. It 
will help the Export-Import Bank and the Overseas Private Investment 
Corporation more quickly process applications so we can be competitive.
  Last Congress we almost passed this bill. One would almost think that 
it is a no-brainer. But, unfortunately, we did not. One Senator 
objected. He had the courage to come to the floor and voice his 
objections. I appreciate that very much. But at the same time, on the 
other side of the aisle, Senators Johnson, Coburn, and Corker were 
working with me to pass the bill. So we have not given up on making 
this a successful bipartisan effort.
  I think the United States cannot stand by the sidelines just to say 
we believe in a market economy, get the government out of the picture 
is to overlook the obvious. The Chinese Government is in the picture, 
and they are running circles around American companies because of it. 
In thinking about the issue, we must also not ignore the interests of 
the Africans themselves--something sometimes our competitors do not 
focus on.
  Chinese engagement comes with a price. China gobbles up natural 
resources that are needed many times for that growing domestic economy. 
The infrastructure projects, as I mentioned, often come with Chinese 
professionals: architects and engineers and workers. When local labor 
is used, African workers often suffer poor labor standards, if the 
Chinese are in charge. Environmental standards are ignored. They should 
be a priority all over the world. We also have to factor in the cost of 
having to replace products and goods much sooner because, sadly, the 
Chinese workmanship as well as the quality of their goods does not 
match what the United States can bring.
  I also wish to mention a growing problem that stems from China's 
presence in Africa; that is, the resurgence of elephant poaching and 
ivory trafficking. Several recent New York Times articles have 
highlighted tens of thousands of elephants have been slaughtered.
  One may say: I thought we solved this a few years ago with a 
worldwide ivory ban. It turns out ivory is so popular in the Chinese 
culture in part of its burgeoning population, one item is sought as an 
ultimate status symbol in China: Ivory. Reports are that as much as 70 
percent of the ivory harvested from slaughtered elephants is smuggled 
to China. In fact, there is growing evidence that ivory poaching 
actually increases in elephant-rich areas where the Chinese 
construction workers are building roads.
  Even more troubling, the Chinese demand for ivory funds some of the 
most despicable actors in Africa. Much of the proceeds from the illegal 
ivory trade ended up in the hands of Joseph Kony and his murderous 
group the Lord's Resistance Army. I recently went to Uganda and met two 
of the victims of Joseph Kony. He is a madman. He has used his beatific 
visions to generate an Army of slaves, literally soldier slaves. I met 
one of them, a young man who was dragged out of his African village in 
Uganda.
  Everybody was lined up at the village as Kony and his soldiers stood 
around with their automatic weapons. They said to this young man: You 
are going to join our army here or we are going to kill you. Before you 
join the army, though, there is one thing we have to ask you: Who would 
you spare among the members of your family here? We are going to kill 
the rest of them. Which one would you spare?
  The young man said, after some hesitation: My father. They walked 
over and killed his father first. That is the kind of ruthless madman 
we are dealing with in Joseph Kony. Believe me, President Obama has 
recently put a target on his back. We are going after this man. We have 
driven him out of Uganda. We believe he is in the Central African 
Republic. I saw firsthand while visiting there what we are doing to 
make sure his reign of terror comes to an end very quickly.
  It turns out Kony's reign of terror has been fed and financed by the 
Chinese demand for ivory. He is poaching ivory from the elephants, 
slaughtering them in the area and using this ivory to keep his men in 
arms and for their reign of terror to continue.
  The Increasing American Jobs Through Greater Exports to Africa Act 
has something for everyone to support. It is good for the American 
economy, helps U.S. businesses create jobs, it is good for U.S. foreign 
policy, keeps America in a position of global leadership. It is good 
for the people of Africa by making superior American products and 
services the standard in their future.
  I urge my colleagues to sign on to support this important effort. 
While we wait and do nothing, the Chinese are acting every single day 
and America is falling further and further behind.
  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. 718

       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 2013''.

     SEC. 2. FINDINGS; PURPOSE.

       (a) Findings.--Congress makes the following findings:
       (1) Export growth helps United States businesses grow and 
     create American jobs. In 2011, United States exports 
     supported 9,700,000 jobs and 97.8 percent of United States 
     exports came from small- and medium-sized businesses in 2010.
       (2) The more than 20 Federal agencies that are involved in 
     export promotion and financing are not sufficiently 
     coordinated to adequately expand United States commercial 
     exports to Africa.
       (3) The President has taken steps to improve how the United 
     States Government supports American businesses by mandating 
     an executive review across agencies and a new Doing Business 
     in Africa initiative, but a substantially greater high-level 
     focus on Africa is needed.
       (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. In the last 10 years, African 
     trade with China has increased from $11,000,000,000 to 
     $166,000,000,000.
       (6) 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 $1,400,000,000 
     in 2011, but the Export-Import Bank of China dwarfed this 
     effort with an estimated $12,000,000,000 worth of financing. 
     Overall, China is outpacing the United States in selling 
     goods to Africa at a rate of 3 to 1.
       (7) 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.
       (8) 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.
       (9) As stated in a recent report entitled ``Embracing 
     Africa's Economic Potential''

[[Page 5018]]

     by Senator Chris Coons, ``Economic growth in Africa has risen 
     dramatically, but the continent's vast economic potential has 
     not yet been fully realized by the U.S. Government or the 
     American private sector.''
       (10) The African continent is undergoing a period of rapid 
     growth and middle class development, as seen from major 
     indicators such as Internet use, clean water access, and real 
     income growth. In the last decade alone, the percentage of 
     the population with access to the Internet has doubled. 
     Seventy-eight percent of Africa's rural population now has 
     access to clean water. Over the past 10 years, real income 
     per person in Africa has grown by more than 30 percent.
       (11) Economists have designated Africa as the ``next 
     frontier market'', with profitability of many African firms 
     and growth rates of African countries 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.
       (12) In the past 10 years, Africa has been home to 6 of the 
     10 fastest growing economies in the world. Sub-Saharan Africa 
     is projected to have the fastest growing economies in the 
     world over the next 10 years, with 7 of the 10 fastest 
     growing economies located in sub-Saharan Africa.
       (13) When countries such as China assist with large-scale 
     government projects, they also gain an upper hand in 
     relations with African leaders and access to valuable 
     commodities such as oil and copper, typically without regard 
     to environmental, human rights, labor, or governance 
     standards.
       (14) 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, 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 
     Promotion Coordinating Committee established by Executive 
     Order 12870 (58 Fed. Reg. 51753).
       (10) United states and foreign commercial service.--The 
     term ``United States and Foreign Commercial Service'' means 
     the United States and Foreign Commercial Service established 
     by section 2301 of the Export Enhancement Act of 1988 (15 
     U.S.C. 4721).

     SEC. 4. STRATEGY.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall establish a 
     comprehensive United States strategy for public and private 
     investment, trade, and development in Africa.
       (b) Focus of Strategy.--The strategy required by subsection 
     (a) shall focus on--
       (1) increasing exports of United States goods and services 
     to Africa by 200 percent in real dollar value within 10 years 
     from the date of the enactment of this Act;
       (2) promoting the alignment of United States commercial 
     interests with development priorities in Africa;
       (3) developing relationships between the governments of 
     countries in Africa and United States businesses that have an 
     expertise in such issues as infrastructure development, 
     technology, telecommunications, energy, and agriculture;
       (4) improving the competitiveness of United States 
     businesses in Africa, including the role the African diaspora 
     can play in enhancing such competitiveness;
       (5) exploring ways that African diaspora remittances can 
     help communities in Africa tackle economic, development, and 
     infrastructure financing needs;
       (6) promoting economic integration in Africa through 
     working with the subregional economic communities, supporting 
     efforts for deeper integration through the development of 
     customs unions within western and central Africa and within 
     eastern and southern Africa, eliminating time-consuming 
     border formalities into and within these areas, and 
     supporting regionally based infrastructure projects;
       (7) encouraging a greater understanding among United States 
     business and financial communities of the opportunities 
     Africa holds for United States exports;
       (8) fostering partnership opportunities between United 
     States and African small- and medium-sized enterprises; and
       (9) monitoring--
       (A) market loan rates and the availability of capital for 
     United States business investment in Africa;
       (B) loan rates offered by the governments of other 
     countries for investment in Africa; and
       (C) the policies of other countries with respect to export 
     financing for investment in Africa that are predatory or 
     distort markets.
       (c) Consultations.--In developing the strategy required by 
     subsection (a), the President shall consult with--
       (1) Congress;
       (2) each agency that is a member of the Trade Promotion 
     Coordinating Committee;
       (3) the relevant multilateral development banks, in 
     coordination with the Secretary of the Treasury and the 
     respective United States Executive Directors of such banks;
       (4) each agency that participates in the Trade Policy Staff 
     Committee;
       (5) the President's National Export Council;
       (6) each of the development agencies;
       (7) any other Federal agencies with responsibility for 
     export promotion or financing and development; and
       (8) the private sector, including businesses, 
     nongovernmental organizations, and African diaspora groups.
       (d) Submission to Congress.--
       (1) Strategy.--Not later than 180 days after the date of 
     the enactment of this Act, the President shall submit to 
     Congress the strategy required by subsection (a).
       (2) Progress report.--Not later than 3 years after the date 
     of the enactment of this Act, the President shall submit to 
     Congress a report on the implementation of the strategy 
     required by subsection (a).
       (3) Content of report.--The report required by paragraph 
     (2) shall include an assessment of the extent to which the 
     strategy required by subsection (a)--
       (A) has been successful in developing critical analyses of 
     policies to increase exports to Africa;
       (B) has been successful in increasing the competitiveness 
     of United States businesses in Africa;
       (C) has been successful in creating jobs in the United 
     States, including the nature and sustainability of such jobs;
       (D) has provided sufficient United States Government 
     support to meet third country competition in the region;
       (E) has been successful in helping the African diaspora in 
     the United States participate in economic growth in Africa;
       (F) has been successful in promoting economic integration 
     in Africa; and
       (G) has made a meaningful contribution to the 
     transformation of Africa and its full integration into the 
     21st century world economy, not only as a supplier of primary 
     products but also as full participant in international supply 
     and distribution chains and as a consumer of international 
     goods and services.

     SEC. 5. SPECIAL AFRICA STRATEGY COORDINATOR.

       The President shall designate an individual to serve as 
     Special Africa Export Strategy Coordinator--
       (1) to oversee the development and implementation of the 
     strategy required by section 4; and
       (2) to coordinate with the Trade Promotion Coordinating 
     Committee, (the interagency AGOA committees), and development 
     agencies with respect to developing and implementing the 
     strategy.

[[Page 5019]]



     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 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 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 (4) 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) 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.
       (3) Certain costs not considered administrative expenses.--
     For purposes of this subsection, systems infrastructure costs 
     associated with activities authorized by title IV of chapter 
     2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 
     231 et seq.) shall not be considered administrative expenses.
       (d) Rule of Construction.--Nothing in this section shall be 
     construed as permitting the reduction of Department of 
     Commerce, Department of State, Export Import Bank, or 
     Overseas Private Investment Corporation personnel or the 
     alteration of planned personnel increases in other regions, 
     except where a personnel decrease was previously anticipated 
     or where decreased export opportunities justify personnel 
     reductions.

     SEC. 8. TRAINING.

       The President shall develop a plan--
       (1) to standardize the training received by United States 
     and Foreign Commercial Service officers, economic officers of 
     the Department of State, and economic officers of the United 
     States Agency for International Development with respect to 
     the programs and procedures of the Export-Import Bank of the 
     United States, the Overseas Private Investment Corporation, 
     the Small Business Administration, and the United States 
     Trade and Development Agency; and
       (2) to ensure that, not later than 1 year after the date of 
     the enactment of this Act--
       (A) all United States and Foreign Commercial Service 
     officers that are stationed overseas receive the training 
     described in paragraph (1); and
       (B) in the case of a country to which no United States and 
     Foreign Commercial Service officer is assigned, any economic 
     officer of the Department of State stationed in that country 
     shall receive that training.

     SEC. 9. EXPORT-IMPORT BANK FINANCING.

       (a) Financing for Projects in Africa.--
       (1) Sense of congress.--It is the sense of Congress that 
     foreign export credit agencies are providing non-OECD 
     arrangement compliant financing in Africa, 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:
       ``(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 2013.''.
       (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 submit 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 a report on all loans made or 
     rejected that were considered to counter non-OECD arrangement 
     compliant financing offered by other nations to its firms. 
     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 description of trade distorting non-OECD 
     arrangement compliant financing loans made by other countries 
     during that fiscal year to firms that competed against the 
     United States firms.

     SEC. 10. SMALL BUSINESS ADMINISTRATION.

       Section 22(b) of the Small Business Act (15 U.S.C. 649(b)) 
     is amended--
       (1) in the matter preceding paragraph (1), by inserting 
     ``the Trade Promotion Coordinating Committee,'' after 
     ``Director of the United States Trade and Development 
     Agency,''; and
       (2) in paragraph (3), by inserting ``regional offices of 
     the Export-Import Bank,'' after ``Retired Executives,''.

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

       Where applicable, the President shall explore opportunities 
     to negotiate bilateral, subregional, and regional agreements 
     that encourage trade and eliminate nontariff barriers to 
     trade between countries, such as negotiating investor 
     friendly double-taxation treaties and investment promotion 
     agreements. United States negotiators in multilateral forum 
     should take into account the objectives of this Act. To the 
     extent any such agreements exist between the United States 
     and an African country, the President shall ensure that the 
     agreement is being implemented in a manner that maximizes the 
     positive effects for United States trade, export, and labor 
     interests as well as the economic development of the 
     countries in Africa.

  Mr. COONS. I rise to thank Senator Durbin of Illinois for his 
leadership on these vital issues. You just heard in the comments he 
made the reach and scope of his vision. I am so impressed

[[Page 5020]]

with the breadth and depth of his engagement first on behalf of 
American workers.
  The Senator recognizes so clearly that 95 percent of the world's 
consumers live outside our country, and we have to have a coordinated, 
capable, competent export strategy in order to continue to access the 
most promising, most rapidly growing markets in Africa. The 54 
countries of the continent of Africa provide enormous opportunity as 
their growing middle class, increasing access to their human and 
mineral and natural resources create opportunities for us to grow jobs 
in the United States.
  Nearly 10 million new jobs are supported in the United States by 
exports to the rest the world. But as Senator Durbin has wisely seen 
and pointed out, our competitors are beating us in the race to access 
these great opportunities. The Chinese, the Brazilians, the Russians, 
the Indians, in every country on the continent they are present, they 
are investing, and they are growing.
  Senator Durbin rightly recognized that China has eclipsed the United 
States as the leading trading partner for Africa. There are real 
consequences for Africans and for African countries because, sadly, 
often Chinese investments bring with them Chinese contractors, workers, 
and a different approach to values: priority in terms of development, a 
lack of focus on transparency, on human rights, on the environment. As 
Senator Durbin detailed in his comments, the consequences can even be 
so far-reaching as conservation and the impact on wildlife and the 
ultimate consequences of supporting the worst actors on the continent, 
folks such as Joseph Kony.
  But let me turn, if I might briefly, to the bill which I am proud to 
cosponsor with Senator Durbin, which focuses on trying to ensure that 
more than 10 U.S. Government agencies responsible for export promotion 
have a coordinated strategy. One of the principal points of Senator 
Durbin's bill, which I am proud to cosponsor, challenges the executive 
branch to sustain and increase our investment in the Foreign Commercial 
Service, to sustain and increase our resources through entities such as 
OPIC and Ex-Im and ask the executive branch to create a coordinator to 
ensure that all of this is done responsibly and in a cost-effective 
way.
  Other things I mentioned in the trade report, which Senator Durbin 
was kind enough to quote and to reference, are that in the United 
States we have an enormous African community which can be strategically 
vital as American businesses seek to access these growing opportunities 
across the continent of Africa.
  We also look to bolster support for agencies that finance U.S. 
commercial engagement overseas. Our competitors--in particular, the 
Chinese--have a very different approach to financing exports. The 
United States needs to better coordinate and align to act as one 
Nation.
  The goal that is set in this legislation--a 200-percent increase--is 
an ambitious goal. The goal is to increase U.S. exports to Africa in 
the next 10 years. If we were to accomplish this goal in a cost-
effective way--through more responsibly coordinating the investments we 
are already making in these Federal agencies to better coordinate the 
private sector efforts of the United States--think of how many jobs we 
might create, how many countries we might better connect to the United 
States. Think of how many towns and workplaces across this country 
would benefit.
  I thank Senator Durbin today for his leadership, the clarity of his 
vision, and the breadth of his engagement and investment of time. 
Someone in his position has so many other issues on which he could be 
investing his time. Over his entire service here in the Senate of the 
United States, he has been passionate about clean water for the 
continent of Africa and passionate about high-quality jobs for the 
workers of the United States. In this bill he finds a way to make good 
on both of those passions, improving the lives of Africans across a 
growing continent and improving the lives of workers across our Nation.
  I thank the Senator for his leadership, and I am proud to join him 
today in cosponsoring this reintroduced bipartisan, soon-to-be 
bicameral, commonsense bill. Let's hope all of our colleagues will help 
to take it up and pass it in this Congress.
  Mr. BOOZMAN. Mr. President, I would like to thank the Senator from 
Illinois not only for the chance to help with this effort, but more 
importantly for his steadfast work to strengthen our bond with the 
countries of Africa.
  We were on the floor last year talking about the importance of this 
bill--the importance of creating a comprehensive trade strategy with 
Africa. I know the Senator from Illinois made a valiant effort to get 
our bill through at the end of the last Congress, but he ran into some 
resistance. It is my hope that as we re-introduce this bill, we can 
assuage any outstanding concerns and get this bill passed early in this 
session.
  As the Senator from Illinois stated, Africa is home to many of the 
few emerging bright spots in a tough global economy. In fact, an 
article from The Economist this week called it the ``hottest 
frontier.'' They are right. Within the next decade, Africa will be home 
to 7 of the 10 fastest growing economies in the world--Nigeria, 
Ethiopia, Chad, Rwanda, Mozambique and Angola. The Economist article 
pointed out that by 2020, more than half of African households will 
have enough income to spend some on non-essentials and that within 
three decades, the continent will have a larger working age population 
than China.
  When I served in the House, I was on the Africa Subcommittee and 
traveled often to the continent. I still make trips there to visit with 
their leaders and the top issue on every meeting agenda continues to be 
trade. Many African leaders are very concerned about China's increasing 
footprint in Africa and want the U.S. to be more engaged and involved 
in their economies.
  So, the eagerness and willingness to be good trade partners on the 
part of African nations is there. They want our goods and services 
because Africans know they are high quality. The desire for American 
products, along with our ideals, is strong. The only thing missing is a 
cohesive strategy on our end. That is what we are aiming to create with 
this legislation.
  This bill will develop a comprehensive strategy to create American 
jobs by increasing exports of U.S. goods and services to Africa by at 
least 200 percent in real dollar value over the next 10 years. It 
increases our ability to help U.S. companies expand into African 
markets without adding to our debt. So it is a win-win for our economy. 
It will create jobs here at home and bring in additional income instead 
of increasing our debt.
  When we talk about job creation, free and fair trade is a vital 
component to a successful plan. Sixty percent of American exports came 
from small and medium size businesses. That is huge. Small business is 
the backbone of our economy. The bottom line is that trade equals jobs.
  As I already mentioned, China is bullish on Africa. We need to be 
too. China is outpacing us in exports to Africa by an alarming 3 to 1 
pace. By 2009, China had surpassed us as the African continent's 
largest trading partner. This bill lets us establish a plan that will 
allow us to compete with nations like China that are already extremely 
active in the African market. And that will help our small companies 
create jobs.
  My home State, Arkansas, stands to benefit greatly through the 
creation of a comprehensive trade plan with Africa. Free and fair trade 
is an important component to our State's economy. Arkansas exported 
$5.6 billion in merchandise overseas in 2011, up 7 percent from the 
previous year. In 2008, over 1,500 companies exported goods from 
Arkansas. Over \1/3\ of exports were from small and medium-sized 
businesses with fewer than 500 employees. An effective trade strategy 
with African nations will help us build on that significantly.
  So again, increased trade equals increased jobs at home. America 
needs jobs. That is what this bill is about. That is why we need to 
move it quickly in this session.

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