I 

112TH CONGRESS 

2D SESSION H. R. 4221 

To create jobs in the United States by increasing United States exports 

to Africa by at least 200 percent in real dollar value within 10 years, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 20, 2012 

Mr. SMITH of New Jersey (for himself and Mr. RUSH) introduced the following bill; which was referred to the Committee on Foreign Affairs, and 

in addition to the Committees on Financial Services, Ways and Means, 

and Small Business, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Increasing American 

5 Jobs Through Greater Exports to Africa Act of 2012’’. 


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1 SEC. 2. FINDINGS; PURPOSE. 

2 (a) FINDINGS.—Congress makes the following find3 ings: 

4 (1) Export growth helps United States business 

5 grow and create American jobs. In 2010, 60 percent 

6 of American exports came from small- and medium7 sized businesses. 

8 (2) On January 31, 2011, the President man9 dated an executive review across agencies to deter10 mine where the United States Government could be11 come more competitive and helpful to business, in12 cluding help with promoting exports. 

13 (3) Several United States Government agencies 

14 are involved in export promotion. Coordination of 

15 the efforts of these agencies through the Trade Pro16 motion Coordinating Committee lacks sufficient stra17 tegic implementation and accountability. 

18 (4) Many other countries have trade promotion 

19 programs that aggressively compete against United 

20 States exports in Africa and around the world. For 

21 example, in 2010, medium- and long-term official ex22 port credit general volumes from the Group of 7 

23 countries (Canada, France, Germany, Italy, Japan, 

24 the United Kingdom, and the United States) totaled 

25 $65,400,000,000. Germany provided the largest level 

26 of support at $22,500,000,000, followed by France 


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1 at $17,400,000,000 and the United States at 

2 $13,000,000,000. Official export credit support by 

3 emerging market economies such as Brazil, China, 

4 and India are significant as well. 

5 (5) Between 2008 and 2010, China alone pro6 vided more than $110,000,000,000 in loans to the 

7 developing world, and, in 2009, China surpassed the 

8 United States as the leading trade partner of Afri9 can countries. The Export-Import Bank of the 

10 United States substantially increased lending to 

11 United States businesses focused on Africa from 

12 $400,000,000 in 2009 to an anticipated 

13 $1,000,000,000 in 2011, but the Export-Import 

14 Bank of China dwarfed this effort with an estimated 

15 $12,000,000,000 worth of financing. 

16 (6) Other countries such as India, Turkey, Rus17 sia, and Brazil are also aggressively seeking markets 

18 in Africa using their national export banks to pro19 vide concessional assistance. 

20 (7) The Chinese practice of concessional financ21 ing runs contrary to the principles of the Organiza22 tion of Economic Co-operation and Development re23 lated to open market rates, undermines naturally 

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1 rica to overlook the troubling record on labor prac2 tices, human rights, and environmental impact. 

3 (8) The African continent is undergoing a pe4 riod of rapid growth and middle class development, 

5 as seen from major indicators such as Internet use 

6 and clean water access. In 2000, only 6.7 percent of 

7 the population of Africa had access to the Internet. 

8 In 2009, 27.1 percent of the population had Internet 

9 access. Seventy-eight percent of Africa’s rural popu10 lation now has access to clean water. 

11 (9) Economists have designated Africa as the 

12 ‘‘next frontier market’’, with profitability and growth 

13 rates among many African firms exceeding global 

14 averages in recent years. Countries in Africa have a 

15 collective spending power of almost $9,000,000,000 

16 and a gross domestic product of 

17 $1,600,000,000,000, which are projected to double 

18 in the next 10 years. 

19 (10) Sub-Saharan Africa is projected to have 

20 the fastest growing economies in the world over the 

21 next 5 years, with 7 of the 10 fastest growing econo22 mies located in sub-Saharan Africa. 

23 (11) When countries such as China assist with 

24 large-scale government projects, they also gain an 

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1 cess to valuable commodities such as oil and copper, 

2 typically without regard to environmental, human 

3 rights, labor, or governance standards. 

4 (12) Unless the United States can offer com5 petitive financing for its firms in Africa, it will be 

6 deprived of opportunities to participate in African 

7 efforts to close the continent’s significant infrastruc8 ture gap that amounts to an estimated 

9 $100,000,000,000. 

10 (b) PURPOSE.—The purpose of this Act is to create 

11 jobs in the United States by expanding programs that will 

12 result in increasing United States exports to Africa by 200 

13 percent in real dollar value within 10 years. 

14 SEC. 3. DEFINITIONS. 

15 In this Act: 

16 (1) AFRICA.—The term ‘‘Africa’’ refers to the 

17 entire continent of Africa and its 54 countries, in18 cluding the Republic of South Sudan. 

19 (2) AFRICAN DIASPORA.—The term ‘‘African 

20 diaspora’’ means the people of African origin living 

21 in the United States, irrespective of their citizenship 

22 and nationality, who are willing to contribute to the 

23 development of Africa. 


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1 (3) AGOA.—The term ‘‘AGOA’’ means the Af2 rican Growth and Opportunity Act (19 U.S.C. 3701 

3 et seq.). 

4 (4) APPROPRIATE CONGRESSIONAL COMMIT5 TEES.—The term ‘‘appropriate congressional com6 mittees’’ means— 

7 (A) the Committee on Appropriations, the 

8 Committee on Banking, Housing, and Urban 

9 Affairs, and the Committee on Foreign Rela10 tions of the Senate; and 

11 (B) the Committee on Appropriations, the 

12 Committee on Energy and Commerce, the Com13 mittee on Financial Services, the Committee on 

14 Foreign Affairs, and the Committee on Ways 

15 and Means of the House of Representatives. 

16 (5) DEVELOPMENT AGENCIES.—The term ‘‘de17 velopment agencies’’ includes the Department of 

18 State, including the United States Agency for Inter19 national Development (USAID), the Millennium 

20 Challenge Corporation (MCC), the Overseas Private 

21 Investment Corporation (OPIC), and the United 

22 States Trade and Development Agency (USTDA). 

23 (6) TRADE POLICY STAFF COMMITTEE.—The 

24 term ‘‘Trade Policy Staff Committee’’ means the 

25 Trade Policy Staff Committee established pursuant 


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1 to section 2002.2 of title 15, Code of Federal Regu2 lations, and is composed of representatives of Fed3 eral agencies in charge of developing and coordi4 nating United States positions on international trade 

5 and trade-related investment issues. 

6 (7) MULTILATERAL DEVELOPMENT BANKS.— 

7 The term ‘‘multilateral development banks’’ has the 

8 meaning given that term in section 1701(c)(4) of the 

9 International Financial Institutions Act (22 U.S.C. 

10 262r(c)(4)) and includes the African Development 

11 Foundation. 

12 (8) SUB-SAHARAN REGION.—The term ‘‘sub-Sa13 haran region’’ refers to the 48 countries listed in 

14 section 107 of the African Growth and Opportunity 

15 Act (19 U.S.C. 3706) and includes the Republic of 

16 South Sudan. 

17 (9) TRADE PROMOTION COORDINATING COM18 MITTEE.—The term ‘‘Trade Promotion Coordinating 

19 Committee’’ means the Trade Promotion Coordi20 nating Committee established by Executive Order 

21 12870 (58 Fed. Reg. 51753). 

22 (10) UNITED STATES AND FOREIGN COMMER23 CIAL SERVICE.—The term ‘‘United States and For24 eign Commercial Service’’ means the United States 

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1 tion 2301 of the Export Enhancement Act of 1988 

2 (15 U.S.C. 4721). 

3 SEC. 4. STRATEGY. 

4 (a) IN GENERAL.—Not later than 180 days after the 

5 date of the enactment of this Act, the President shall es6 tablish a comprehensive United States strategy for public 

7 and private investment, trade, and development in Africa. 

8 (b) FOCUS OF STRATEGY.—The strategy required by 

9 subsection (a) shall focus on— 

10 (1) increasing exports of United States goods 

11 and services to Africa by 200 percent in real dollar 

12 value within 10 years from the date of the enact13 ment of this Act; 

14 (2) coordinating United States commercial in15 terests with development priorities in Africa; 

16 (3) developing relationships between the govern17 ments of countries in Africa and United States busi18 nesses that have an expertise in such issues as infra19 structure development, technology, telecommuni20 cations, energy, and agriculture; 

21 (4) improving the competitiveness of United 

22 States businesses in Africa, including the role the 

23 African diaspora can play in enhancing such com24 petitiveness; 


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1 (5) exploring ways that African diaspora remit2 tances can help governments in Africa tackle eco3 nomic, development, and infrastructure financing 

4 needs; 

5 (6) promoting economic integration in Africa 

6 through working with the subregional economic com7 munities, supporting efforts for deeper integration 

8 through the development of customs unions within 

9 western and central Africa and within eastern and 

10 southern Africa, eliminating time-consuming border 

11 formalities into and within these areas, and sup12 porting regionally based infrastructure projects; 

13 (7) encouraging a greater understanding among 

14 United States business and financial communities of 

15 the opportunities Africa holds for United States ex16 ports; and 

17 (8) monitoring— 

18 (A) market loan rates and the availability 

19 of capital for United States business investment 

20 in Africa; 

21 (B) loan rates offered by the governments 

22 of other countries for investment in Africa; and 

23 (C) the policies of other countries with re24 spect to export financing for investment in Afri25 ca that are predatory or distort markets. 


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1 (c) CONSULTATIONS.—In developing the strategy re2 quired by subsection (a), the President shall consult 

3 with— 

4 (1) Congress; 

5 (2) each agency that is a member of the Trade 

6 Promotion Coordinating Committee; 

7 (3) the multilateral development banks; 

8 (4) each agency that participates in the Trade 

9 Policy Staff Committee; 

10 (5) the President’s National Export Council; 

11 (6) each of the development agencies; 

12 (7) any other Federal agencies with responsi13 bility for export promotion or financing and develop14 ment; and 

15 (8) the private sector, including businesses, 

16 nongovernmental organizations, and African dias17 pora groups. 

18 (d) SUBMISSION TO CONGRESS.— 

19 (1) STRATEGY.—Not later than 180 days after 

20 the date of the enactment of this Act, the President 

21 shall submit to Congress the strategy required by 

22 subsection (a). 

23 (2) PROGRESS REPORT.—Not later than 3 

24 years after the date of the enactment of this Act, the 

25 President shall submit to Congress a report on the 


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1 implementation of the strategy required by sub2 section (a). 

3 (3) CONTENT OF REPORT.—The report re4 quired by paragraph (2) shall include an assessment 

5 of the extent to which the strategy required by sub6 section (a)— 

7 (A) has been successful in developing crit8 ical analyses of policies to increase exports to 

9 Africa; 

10 (B) has been successful in increasing the 

11 competitiveness of United States businesses in 

12 Africa; 

13 (C) has been successful in creating jobs in 

14 the United States, including the nature and 

15 sustainability of such jobs; 

16 (D) has provided sufficient United States 

17 Government support to meet third country com18 petition in the region; 

19 (E) has been successful in helping the Af20 rican diaspora in the United States participate 

21 in economic growth in Africa; 

22 (F) has been successful in promoting eco23 nomic integration in Africa; and 

24 (G) has made a meaningful contribution to 

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1 gration into the 21st century world economy, 

2 not only as a supplier of primary products but 

3 also as full participant in international supply 

4 and distribution chains. 

5 SEC. 5. SPECIAL AFRICA STRATEGY COORDINATOR. 

6 The President shall designate an individual to serve 

7 as Special Africa Export Strategy Coordinator— 

8 (1) to oversee the development and implementa9 tion of the strategy required by section 4; and 

10 (2) to coordinate with the Trade Promotion Co11 ordinating Committee, (the interagency AGOA com12 mittees), and development agencies with respect to 

13 developing and implementing the strategy. 

14 SEC. 6. TRADE MISSION TO AFRICA. 

15 It is the sense of Congress that, not later than 1 year 

16 after the date of the enactment of this Act, the Secretary 

17 of Commerce and other high-level officials of the United 

18 States Government with responsibility for export pro19 motion, financing, and development should conduct a joint 

20 trade mission to Africa. 

21 SEC. 7. PERSONNEL. 

22 (a) UNITED STATES AND FOREIGN COMMERCIAL

23 SERVICE.— 

24 (1) IN GENERAL.—As soon as practicable after 

25 the date of the enactment of this Act, the Secretary 


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1 of Commerce shall ensure that not less than 14 total 

2 United States and Foreign Commercial Service offi3 cers are assigned to Africa. 

4 (2) ASSIGNMENT.—The Secretary shall, in con5 sultation with the Trade Promotion Coordinating 

6 Committee and the Special Africa Export Strategy 

7 Coordinator, assign the United States and Foreign 

8 Commercial Service officers described in paragraph 

9 (1) to United States embassies in Africa. 

10 (3) MULTILATERAL DEVELOPMENT BANKS.— 

11 (A) IN GENERAL.—As soon as practicable 

12 after the date of the enactment of this Act, the 

13 Secretary of Commerce shall assign not less 

14 than 1 full-time United States and Foreign 

15 Commercial Service officer to the office of the 

16 United States Executive Director at each multi17 lateral development bank. 

18 (B) RESPONSIBILITIES.—Each United 

19 States and Foreign Commercial Service officer 

20 assigned under subparagraph (A) shall be re21 sponsible for— 

22 (i) increasing the access of United 

23 States businesses to procurement contracts 

24 with the multilateral development bank to 

25 which the officer is assigned; and 


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1 (ii) facilitating the access of United 

2 States businesses to risk insurance, equity 

3 investments, consulting services, and lend4 ing provided by that bank. 

5 (b) EXPORT-IMPORT BANK OF THE UNITED

6 STATES.—Of the amounts collected by the Export-Import 

7 Bank that remain after paying the expenses the Bank is 

8 authorized to pay from such amounts for administrative 

9 expenses, the Bank shall use sufficient funds to do the 

10 following: 

11 (1) Assign, in consultation with the Trade Pro12 motion Coordinating Committee and the Special Af13 rica Export Strategy Coordinator, not less than 3 

14 full-time employees of the Bank to geographically 

15 appropriate field offices in Africa. 

16 (2) Increase the number of employees of the 

17 Bank assigned to United States field offices of the 

18 Bank to not less than 30, to be distributed as geo19 graphically appropriate through the United States. 

20 Such offices shall coordinate with the related export 

21 efforts undertaken by the Small Business Adminis22 tration regional field offices. 

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1 ciently process and track applications for financing 

2 received by the Bank. 

3 (c) OVERSEAS PRIVATE INVESTMENT CORPORA4 TION.— 

5 (1) STAFFING.—Of the net offsetting collections 

6 collected by the Overseas Private Investment Cor7 poration used for administrative expenses, the Cor8 poration shall use sufficient funds to increase by not 

9 more than 5 the staff needed to promote stable and 

10 sustainable economic growth and development in Af11 rica, to strengthen and expand the private sector in 

12 Africa, and to facilitate the general economic devel13 opment of Africa, with a particular focus on helping 

14 United States businesses expand into African mar15 kets. 

16 (2) REPORT.—The Corporation shall report to 

17 the appropriate congressional committees on whether 

18 recent technology upgrades have resulted in more ef19 fective and efficient processing and tracking of appli20 cations for financing received by the Corporation. 

21 SEC. 8. TRAINING. 

22 The President shall develop a plan— 

23 (1) to standardize the training received by 

24 United States and Foreign Commercial Service offi25 cers, economic officers of the Department of State, 


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1 and economic officers of the United States Agency 

2 for International Development with respect to the 

3 programs and procedures of the Export-Import 

4 Bank of the United States, the Overseas Private In5 vestment Corporation, the Small Business Adminis6 tration, and the United States Trade and Develop7 ment Agency; and 

8 (2) to ensure that, not later than 1 year after 

9 the date of the enactment of this Act— 

10 (A) all United States and Foreign Com11 mercial Service officers that are stationed over12 seas receive the training described in paragraph 

13 (1); and 

14 (B) in the case of a country to which no 

15 United States and Foreign Commercial Service 

16 officer is assigned, any economic officer of the 

17 Department of State stationed in that country 

18 shall receive that training. 

19 SEC. 9. EXPORT-IMPORT BANK CAPITALIZATION. 

20 (a) IN GENERAL.—Section 6(a)(2) of the Export-Im21 port Bank Act of 1945 (12 U.S.C. 635e(a)(2)) is amend22 ed— 

23 (1) in subparagraph (D), by striking ‘‘and’’; 

24 (2) in subparagraph (E), by striking ‘‘2011,’’ 

25 and inserting ‘‘2011, $95,000,000,000;’’; and 


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1 (3) by adding at the end the following: 

2 ‘‘(F) during fiscal year 2012 and each fis3 cal year thereafter through fiscal year 2016, 

4 $150,000,000,000; and 

5 ‘‘(G) subject to paragraph (4), during fis6 cal year 2017 and each fiscal year thereafter, 

7 $175,000,000,000.’’. 

8 (b) SPECIAL RULE FOR INCREASE IN APPLICABLE

9 AMOUNT.—Section 6(a) of the Export-Import Bank Act 

10 of 1945 (12 U.S.C. 635e(a)) is amended by adding at the 

11 end the following: 

12 ‘‘(4) SPECIAL RULE FOR INCREASE IN APPLICA13 BLE AMOUNT.— 

14 ‘‘(A) IN GENERAL.—Beginning in fiscal 

15 year 2017, and each fiscal year thereafter, the 

16 applicable amount under paragraph (1) shall be 

17 $175,000,000,000, if the Comptroller General 

18 of the United States determines pursuant to 

19 subparagraph (B) that the increase in the ap20 plicable amount under paragraph (1)(F) has 

21 been effective in increasing viable loans to fur22 ther United States exports, including to Africa. 

23 ‘‘(B) REPORT BY GAO.—The Comptroller 

24 General of the United States shall conduct a 

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1 fectiveness of increasing the applicable amount 

2 under this subsection. Not later than 18 

3 months after the date of the enactment of this 

4 Act, the Comptroller General shall submit a re5 port to Congress regarding the Comptroller 

6 General’s determination on the effective use by 

7 the Bank of the increase in the applicable 

8 amount under this subsection.’’. 

9 (c) PERCENT TO BE USED FOR PROJECTS IN AFRI10 CA.—Section 6(a) of the Export-Import Bank Act of 1945 

11 (12 U.S.C. 635e(a)), as amended by subsection (b), is 

12 amended by adding at the end the following: 

13 ‘‘(5) PERCENT OF INCREASE TO BE USED FOR

14 PROJECTS IN AFRICA.—Not less than 25 percent of 

15 the amount by which the applicable amount under 

16 paragraph (1) is increased under paragraph (2) (F) 

17 or (G) over the applicable amount for fiscal year 

18 2011 shall be used for loans, guarantees, and insur19 ance for projects in Africa.’’. 

20 (d) AVAILABILITY OF PORTION OF CAPITALIZATION

21 TO COMPETE AGAINST FOREIGN CONCESSIONAL

22 LOANS.—Not less than $250,000,000 of the total bank 

23 capitalization of the Export-Import Bank shall be avail24 able annually for loans that counter below-market rate, 

25 preferential, tied aid, or other related non-market loans 


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1 offered by other nations for which United States compa2 nies are also competing or interested in competing. 

3 SEC. 10. TIED AID CREDIT FUND. 

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that the Export-Import Bank should use its Tied 

6 Aid Credit Fund to aggressively help United States com7 panies compete for projects in which a foreign government 

8 is using any type of below market, preferential, or tied 

9 aid loan. The Bank shall make use of any loan products 

10 available, including pursuant to section 9(d), to counter 

11 these foreign offerings. 

12 (b) REPORT.—Not later than 1 year after the date 

13 of the enactment of this Act, and annually thereafter, the 

14 Export-Import Bank shall report to the appropriate con15 gressional committees if the Bank has not used at least 

16 $220,000,000 in tied aid credit during the preceding fiscal 

17 year. The report shall include— 

18 (1) a description of all requests for grants from 

19 the Tied-Aid Credit Fund or other similar funds (es20 tablished under section 10 of the Export-Import 

21 Bank Act of 1945 (12 U.S.C. 635i–3)) received by 

22 the Bank during that fiscal year; 

23 (2) a description of similar concessional (below 

24 market rate) loans made by other countries during 

25 that fiscal year; and 


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1 (3) a description of any such grant requests 

2 that were denied and the reason for such denial. 

3 SEC. 11. SMALL BUSINESS ADMINISTRATION. 

4 Section 22(b) of the Small Business Act (15 U.S.C. 

5 649(b)) is amended— 

6 (1) in the matter preceding paragraph (1), by 

7 inserting ‘‘the Trade Promotion Coordinating Com8 mittee,’’ after ‘‘Director of the United States Trade 

9 and Development Agency,’’; and 

10 (2) in paragraph (3), by inserting ‘‘regional of11 fices of the Export-Import Bank,’’ after ‘‘Retired 

12 Executives,’’. 

13 SEC. 12. BILATERAL, SUBREGIONAL AND REGIONAL, AND 

14 MULTILATERAL AGREEMENTS. 

15 Where applicable, the United States Trade Rep16 resentative and officials of the Export-Import Bank shall 

17 explore opportunities to negotiate bilateral, subregional, 

18 and regional agreements that encourage trade and elimi19 nate nontariff barriers to trade between countries, such 

20 as negotiating investor friendly double-taxation treaties 

21 and investment promotion agreements. United States ne22 gotiators in multilateral forum should take into account 

23 the objectives of this Act. To the extent any such agree24 ments exist between the United States and an African 

25 country, the Trade Representative shall ensure that the 


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1 agreement is being implemented in a manner that maxi2 mizes the positive effects for United States trade, export, 

3 and labor interests as well as the economic development 

4 of the countries in Africa. 

Æ 


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