I 

113TH CONGRESS 

1ST SESSION H. R. 1777 

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 

APRIL 26, 2013 

Mr. SMITH of New Jersey (for himself, Mr. RUSH, and Ms. BASS) introduced 

the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Ways and Means, Small 

Business, and Financial Services, 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 2013’’. 


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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 busi5 nesses grow and create American jobs. In 2011, 

6 United States exports supported 9,700,000 jobs and 

7 97.8 percent of United States exports came from 

8 small- and medium-sized businesses in 2010. 

9 (2) The more than 20 Federal agencies that are 

10 involved in export promotion and financing are not 

11 sufficiently coordinated to adequately expand United 

12 States commercial exports to Africa. 

13 (3) The President has taken steps to improve 

14 how the United States Government supports Amer15 ican businesses by mandating an executive review 

16 across agencies and a new Doing Business in Africa 

17 initiative, but a substantially greater high-level focus 

18 on Africa is needed. 

19 (4) Many other countries have trade promotion 

20 programs that aggressively compete against United 

21 States exports in Africa and around the world. For 

22 example, in 2010, medium- and long-term official ex23 port credit general volumes from the Group of 7 

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

25 the United Kingdom, and the United States) totaled 

26 $65,400,000,000. Germany provided the largest level 


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

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

3 $13,000,000,000. Official export credit support by 

4 emerging market economies such as Brazil, China, 

5 and India are significant as well. 

6 (5) Between 2008 and 2010, China alone pro7 vided more than $110,000,000,000 in loans to the 

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

9 United States as the leading trade partner of Afri10 can countries. In the last 10 years, African trade 

11 with China has increased from $11,000,000,000 to 

12 $166,000,000,000. 

13 (6) The Export-Import Bank of the United 

14 States substantially increased lending to United 

15 States businesses focused on Africa from 

16 $400,000,000 in 2009 to $1,400,000,000 in 2011, 

17 but the Export-Import Bank of China dwarfed this 

18 effort with an estimated $12,000,000,000 worth of 

19 financing. Overall, China is outpacing the United 

20 States in selling goods to Africa at a rate of 3 to 

21 1. 

22 (7) Other countries such as India, Turkey, Rus23 sia, and Brazil are also aggressively seeking markets 

24 in Africa using their national export banks to pro25 vide concessional assistance. 


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1 (8) The Chinese practice of concessional financ2 ing runs contrary to the principles of the Organiza3 tion of Economic Co-operation and Development re4 lated to open market rates, undermines naturally 

5 competitive rates, and can allow governments in Af6 rica to overlook the troubling record on labor prac7 tices, human rights, and environmental impact. 

8 (9) As stated in a recent report entitled ‘‘Em9 bracing Africa’s Economic Potential’’ by Senator 

10 Chris Coons, ‘‘Economic growth in Africa has risen 

11 dramatically, but the continent’s vast economic po12 tential has not yet been fully realized by the U.S. 

13 Government or the American private sector.’’. 

14 (10) The African continent is undergoing a pe15 riod of rapid growth and middle class development, 

16 as seen from major indicators such as Internet use, 

17 clean water access, and real income growth. In the 

18 last decade alone, the percentage of the population 

19 with access to the Internet has doubled. Seventy20 eight percent of Africa’s rural population now has 

21 access to clean water. Over the past 10 years, real 

22 income per person in Africa has grown by more than 

23 30 percent. 

24 (11) Economists have designated Africa as the 

25 ‘‘next frontier market’’, with profitability of many 


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1 African firms and growth rates of African countries 

2 exceeding global averages in recent years. Countries 

3 in Africa have a collective spending power of almost 

4 $9,000,000,000 and a gross domestic product of 

5 $1,600,000,000,000, which are projected to double 

6 in the next 10 years. 

7 (12) In the past 10 years, Africa has been 

8 home to 6 of the 10 fastest growing economies in 

9 the world. Sub-Saharan Africa is projected to have 

10 the fastest growing economies in the world over the 

11 next 10 years, with 7 of the 10 fastest growing 

12 economies located in sub-Saharan Africa. 

13 (13) When countries such as China assist with 

14 large-scale government projects, they also gain an 

15 upper hand in relations with African leaders and ac16 cess to valuable commodities such as oil and copper, 

17 typically without regard to environmental, human 

18 rights, labor, or governance standards. 

19 (14) Unless the United States can offer com20 petitive financing for its firms in Africa, it will be 

21 deprived of opportunities to participate in African 

22 efforts to close the continent’s significant infrastruc23 ture gap that amounts to an estimated 

24 $100,000,000,000. 


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

2 jobs in the United States by expanding programs that will 

3 result in increasing United States exports to Africa by 200 

4 percent in real dollar value within 10 years. 

5 SEC. 3. DEFINITIONS. 

6 In this Act: 

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

8 entire continent of Africa and its 54 countries, in9 cluding the Republic of South Sudan. 

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

11 diaspora’’ means the people of African origin living 

12 in the United States, irrespective of their citizenship 

13 and nationality, who are willing to contribute to the 

14 development of Africa. 

15 (3) AGOA.—The term ‘‘AGOA’’ means the Af16 rican Growth and Opportunity Act (19 U.S.C. 3701 

17 et seq.). 

18 (4) APPROPRIATE CONGRESSIONAL COMMIT19 TEES.—The term ‘‘appropriate congressional com20 mittees’’ means— 

21 (A) the Committee on Appropriations, the 

22 Committee on Banking, Housing, and Urban 

23 Affairs, the Committee on Foreign Relations, 

24 and the Committee on Finance of the Senate; 

25 and 


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1 (B) the Committee on Appropriations, the 

2 Committee on Energy and Commerce, the Com3 mittee on Financial Services, the Committee on 

4 Foreign Affairs, and the Committee on Ways 

5 and Means of the House of Representatives. 

6 (5) DEVELOPMENT AGENCIES.—The term ‘‘de7 velopment agencies’’ includes the Department of 

8 State, the United States Agency for International 

9 Development (USAID), the Millennium Challenge 

10 Corporation (MCC), the Overseas Private Invest11 ment Corporation (OPIC), the United States Trade 

12 and Development Agency (USTDA), the United 

13 States Department of Agriculture (USDA), and rel14 evant multilateral development banks. 

15 (6) TRADE POLICY STAFF COMMITTEE.—The 

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

17 Trade Policy Staff Committee established pursuant 

18 to section 2002.2 of title 15, Code of Federal Regu19 lations, and is composed of representatives of Fed20 eral agencies in charge of developing and coordi21 nating United States positions on international trade 

22 and trade-related investment issues. 

23 (7) MULTILATERAL DEVELOPMENT BANKS.— 

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

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


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

2 262r(c)(4)) and includes the African Development 

3 Foundation. 

4 (8) SUB-SAHARAN REGION.—The term ‘‘sub-Sa5 haran region’’ refers to the 49 countries listed in 

6 section 107 of the African Growth and Opportunity 

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

8 South Sudan. 

9 (9) TRADE PROMOTION COORDINATING COM10 MITTEE.—The term ‘‘Trade Promotion Coordinating 

11 Committee’’ means the Trade Promotion Coordi12 nating Committee established by Executive Order 

13 12870 (58 Fed. Reg. 51753). 

14 (10) UNITED STATES AND FOREIGN COMMER15 CIAL SERVICE.—The term ‘‘United States and For16 eign Commercial Service’’ means the United States 

17 and Foreign Commercial Service established by sec18 tion 2301 of the Export Enhancement Act of 1988 

19 (15 U.S.C. 4721). 

20 SEC. 4. STRATEGY. 

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

22 date of the enactment of this Act, the President shall es23 tablish a comprehensive United States strategy for public 

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


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

2 subsection (a) shall focus on— 

3 (1) increasing exports of United States goods 

4 and services to Africa by 200 percent in real dollar 

5 value within 10 years from the date of the enact6 ment of this Act; 

7 (2) promoting the alignment of United States 

8 commercial interests with development priorities in 

9 Africa; 

10 (3) developing relationships between the govern11 ments of countries in Africa and United States busi12 nesses that have an expertise in such issues as infra13 structure development, technology, telecommuni14 cations, energy, and agriculture; 

15 (4) improving the competitiveness of United 

16 States businesses in Africa, including the role the 

17 African diaspora can play in enhancing such com18 petitiveness; 

19 (5) exploring ways that African diaspora remit20 tances can help communities in Africa tackle eco21 nomic, development, and infrastructure financing 

22 needs; 

23 (6) promoting economic integration in Africa 

24 through working with the subregional economic com25 munities, supporting efforts for deeper integration 


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1 through the development of customs unions within 

2 western and central Africa and within eastern and 

3 southern Africa, eliminating time-consuming border 

4 formalities into and within these areas, and sup5 porting regionally based infrastructure projects; 

6 (7) encouraging a greater understanding among 

7 United States business and financial communities of 

8 the opportunities Africa holds for United States ex9 ports; 

10 (8) fostering partnership opportunities between 

11 United States and African small- and medium-sized 

12 enterprises; and 

13 (9) monitoring— 

14 (A) market loan rates and the availability 

15 of capital for United States business investment 

16 in Africa; 

17 (B) loan rates offered by the governments 

18 of other countries for investment in Africa; and 

19 (C) the policies of other countries with re20 spect to export financing for investment in Afri21 ca that are predatory or distort markets. 

22 (c) CONSULTATIONS.—In developing the strategy re23 quired by subsection (a), the President shall consult 

24 with— 

25 (1) Congress; 


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

2 Promotion Coordinating Committee; 

3 (3) the relevant multilateral development banks, 

4 in coordination with the Secretary of the Treasury 

5 and the respective United States Executive Directors 

6 of such banks; 

7 (4) each agency that participates in the Trade 

8 Policy Staff Committee; 

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

10 (6) each of the development agencies; 

11 (7) any other Federal agencies with responsi12 bility for export promotion or financing and develop13 ment; and 

14 (8) the private sector, including businesses, 

15 nongovernmental organizations, and African dias16 pora groups. 

17 (d) SUBMISSION TO CONGRESS.— 

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

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

20 shall submit to Congress the strategy required by 

21 subsection (a). 

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

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

24 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 and as a consumer of 

5 international goods and services. 

6 SEC. 5. SPECIAL AFRICA STRATEGY COORDINATOR. 

7 The President shall designate an individual to serve 

8 as Special Africa Export Strategy Coordinator— 

9 (1) to oversee the development and implementa10 tion of the strategy required by section 4; and 

11 (2) to coordinate with the Trade Promotion Co12 ordinating Committee, (the interagency AGOA com13 mittees), and development agencies with respect to 

14 developing and implementing the strategy. 

15 SEC. 6. TRADE MISSION TO AFRICA. 

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

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

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

19 States Government with responsibility for export pro20 motion, financing, and development should conduct a joint 

21 trade mission to Africa. 

22 SEC. 7. PERSONNEL. 

23 (a) UNITED STATES AND FOREIGN COMMERCIAL

24 SERVICE.— 


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1 (1) IN GENERAL.—The Secretary of Commerce 

2 shall ensure that not less than 10 total United 

3 States and Foreign Commercial Service officers are 

4 assigned to Africa for each of the first 5 fiscal years 

5 beginning after the date of the enactment of this 

6 Act. 

7 (2) ASSIGNMENT.—The Secretary shall, in con8 sultation with the Trade Promotion Coordinating 

9 Committee and the Special Africa Export Strategy 

10 Coordinator, assign the United States and Foreign 

11 Commercial Service officers described in paragraph 

12 (1) to United States embassies in Africa after con13 ducting a timely resource allocation analysis that 

14 represents a forward-looking assessment of future 

15 United States trade opportunities in Africa. 

16 (3) MULTILATERAL DEVELOPMENT BANKS.— 

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

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

19 Secretary of Commerce shall, using existing 

20 staff, assign not less than 1 full-time United 

21 States and Foreign Commercial Service officer 

22 to the office of the United States Executive Di23 rector at the World Bank and the African De24 velopment Bank. 


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1 (B) RESPONSIBILITIES.—Each United 

2 States and Foreign Commercial Service officer 

3 assigned under subparagraph (A) shall be re4 sponsible for— 

5 (i) increasing the access of United 

6 States businesses to procurement contracts 

7 with the multilateral development bank to 

8 which the officer is assigned; and 

9 (ii) facilitating the access of United 

10 States businesses to risk insurance, equity 

11 investments, consulting services, and lend12 ing provided by that bank. 

13 (b) EXPORT-IMPORT BANK OF THE UNITED

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

15 Bank that remain after paying the expenses the Bank is 

16 authorized to pay from such amounts for administrative 

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

18 following: 

19 (1) Increase the number of staff dedicated to 

20 expanding business development for Africa, including 

21 increasing the number of business development trips 

22 the Bank conducts to Africa and the amount of time 

23 staff spends in Africa to meet the goals set forth in 

24 section 9 and paragraph (4) of section 6(a) of the 


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1 Export-Import Bank of 1945, as added by section 

2 9(a)(2). 

3 (2) Maintain an appropriate number of employ4 ees of the Bank assigned to United States field of5 fices of the Bank to be distributed as geographically 

6 appropriate through the United States. Such offices 

7 shall coordinate with the related export efforts un8 dertaken by the Small Business Administration re9 gional field offices. 

10 (3) Upgrade the Bank’s equipment and soft11 ware to more expeditiously, effectively, and effi12 ciently process and track applications for financing 

13 received by the Bank. 

14 (c) OVERSEAS PRIVATE INVESTMENT CORPORA15 TION.— 

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

17 collected by the Overseas Private Investment Cor18 poration used for administrative expenses, the Cor19 poration shall use sufficient funds to increase by not 

20 more than 5 the staff needed to promote stable and 

21 sustainable economic growth and development in Af22 rica, to strengthen and expand the private sector in 

23 Africa, and to facilitate the general economic devel24 opment of Africa, with a particular focus on helping 


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1 United States businesses expand into African mar2 kets. 

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

4 the appropriate congressional committees on whether 

5 recent technology upgrades have resulted in more ef6 fective and efficient processing and tracking of appli7 cations for financing received by the Corporation. 

8 (3) CERTAIN COSTS NOT CONSIDERED ADMINIS9 TRATIVE EXPENSES.—For purposes of this sub10 section, systems infrastructure costs associated with 

11 activities authorized by title IV of chapter 2 of part 

12 I of the Foreign Assistance Act of 1961 (22 U.S.C. 

13 231 et seq.) shall not be considered administrative 

14 expenses. 

15 (d) RULE OF CONSTRUCTION.—Nothing in this sec16 tion shall be construed as permitting the reduction of De17 partment of Commerce, Department of State, Export Im18 port Bank, or Overseas Private Investment Corporation 

19 personnel or the alteration of planned personnel increases 

20 in other regions, except where a personnel decrease was 

21 previously anticipated or where decreased export opportu22 nities justify personnel reductions. 

23 SEC. 8. TRAINING. 

24 The President shall develop a plan— 


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1 (1) to standardize the training received by 

2 United States and Foreign Commercial Service offi3 cers, economic officers of the Department of State, 

4 and economic officers of the United States Agency 

5 for International Development with respect to the 

6 programs and procedures of the Export-Import 

7 Bank of the United States, the Overseas Private In8 vestment Corporation, the Small Business Adminis9 tration, and the United States Trade and Develop10 ment Agency; and 

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

12 the date of the enactment of this Act— 

13 (A) all United States and Foreign Com14 mercial Service officers that are stationed over15 seas receive the training described in paragraph 

16 (1); and 

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

18 United States and Foreign Commercial Service 

19 officer is assigned, any economic officer of the 

20 Department of State stationed in that country 

21 shall receive that training. 

22 SEC. 9. EXPORT-IMPORT BANK FINANCING. 

23 (a) FINANCING FOR PROJECTS IN AFRICA.— 

24 (1) SENSE OF CONGRESS.—It is the sense of 

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1 viding non-OECD arrangement compliant financing 

2 in Africa, which is trade distorting and threatens 

3 United States jobs. 

4 (2) IN GENERAL.—Section 6(a) of the Export5 Import Bank Act of 1945 (12 U.S.C. 635e(a)) is 

6 amended by adding at the end the following: 

7 ‘‘(4) PERCENT OF FINANCING TO BE USED FOR

8 PROJECTS IN AFRICA.—The Bank shall, to the ex9 tent that there are acceptable final applications, in10 crease the amount it finances to Africa over the 

11 prior year’s financing for each of the first five fiscal 

12 years beginning after the date of the enactment of 

13 the Increasing American Jobs Through Greater Ex14 ports to Africa Act of 2013.’’. 

15 (3) REPORT.—Not later than 1 year after the 

16 date of the enactment of this Act, and annually 

17 thereafter for 5 years, the Export-Import Bank shall 

18 report to the Committee on Banking, Housing, and 

19 Urban Affairs, the Committee on Foreign Relations, 

20 and the Committee on Appropriations of the Senate 

21 and the Committee on Financial Services, the Com22 mittee on Foreign Affairs, and the Committee on 

23 Appropriations of the House of Representatives if 

24 the Bank has not used at least 10 percent of its 

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1 scribed in paragraph (4) of section 6(a) of the Ex2 port-Import Bank of 1945, as added by paragraph 

3 (2). The report shall include the reasons why the 

4 Bank failed to reach this goal and a description of 

5 all final applications for projects in Africa that were 

6 deemed unworthy of Bank support. 

7 (b) AVAILABILITY OF PORTION OF CAPITALIZATION

8 TO COMPETE AGAINST FOREIGN CONCESSIONAL

9 LOANS.— 

10 (1) IN GENERAL.—The Bank shall make avail11 able annually such amounts as are necessary for 

12 loans that counter trade distorting non-OECD ar13 rangement compliant financing or preferential, tied 

14 aid, or other related non-market loans offered by 

15 other nations for which United States companies are 

16 also competing or interested in competing. 

17 (2) REPORT.—Not later than 1 year after the 

18 date of the enactment of this Act, and annually 

19 thereafter for 5 years, the Export-Import Bank shall 

20 submit to the Committee on Banking, Housing, and 

21 Urban Affairs, the Committee on Foreign Relations, 

22 and the Committee on Appropriations of the Senate 

23 and the Committee on Financial Services, the Com24 mittee on Foreign Affairs, and the Committee on 

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1 port on all loans made or rejected that were consid2 ered to counter non-OECD arrangement compliant 

3 financing offered by other nations to its firms. The 

4 report shall not disclose any information that is con5 fidential or business proprietary, or that would vio6 late section 1905 of title 18, United States Code 

7 (commonly referred to as the ‘‘Trade Secrets Act’’). 

8 The report shall include a description of trade dis9 torting non-OECD arrangement compliant financing 

10 loans made by other countries during that fiscal year 

11 to firms that competed against the United States 

12 firms. 

13 SEC. 10. SMALL BUSINESS ADMINISTRATION. 

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

15 649(b)) is amended— 

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

17 inserting ‘‘the Trade Promotion Coordinating Com18 mittee,’’ after ‘‘Director of the United States Trade 

19 and Development Agency,’’; and 

20 (2) in paragraph (3), by inserting ‘‘regional of21 fices of the Export-Import Bank,’’ after ‘‘Retired 

22 Executives,’’. 


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1 SEC. 11. BILATERAL, SUBREGIONAL AND REGIONAL, AND 

2 MULTILATERAL AGREEMENTS. 

3 Where applicable, the President shall explore oppor4 tunities to negotiate bilateral, subregional, and regional 

5 agreements that encourage trade and eliminate nontariff 

6 barriers to trade between countries, such as negotiating 

7 investor friendly double-taxation treaties and investment 

8 promotion agreements. United States negotiators in multi9 lateral forum should take into account the objectives of 

10 this Act. To the extent any such agreements exist between 

11 the United States and an African country, the President 

12 shall ensure that the agreement is being implemented in 

13 a manner that maximizes the positive effects for United 

14 States trade, export, and labor interests as well as the eco15 nomic development of the countries in Africa. 

Æ 


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