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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 718 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 718

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 SENATE OF THE UNITED STATES

                             April 11, 2013

Mr. Durbin (for himself, Mr. Boozman, Mr. Coons, Ms. Landrieu, and Mr. 
    Cardin) introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 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.

    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'' 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.

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.
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