II 

Calendar No. 181 

113TH CONGRESS 

1ST SESSION S. 718 

[Report No. 113–103] 

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, Mr. 

CARDIN, Mr. BROWN, Mr. CASEY, Mr. KIRK, Mr. LEAHY, and Mr. 

BEGICH) introduced the following bill; which was read twice and referred 

to the Committee on Foreign Relations 

SEPTEMBER 10, 2013 

Reported by Mr. MENENDEZ, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Jobs Through Greater Exports to Africa Act of 2013’’. 

4 SEC. 2. FINDINGS; PURPOSE. 

5 (a) FINDINGS.—Congress makes the following find6 ings: 

7 (1) Export growth helps United States busi8 nesses grow and create American jobs. In 2011, 

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

10 97.8 percent of United States exports came from 

11 small- and medium-sized businesses in 2010. 

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

13 involved in export promotion and financing are not 

14 sufficiently coordinated to adequately expand United 

15 States commercial exports to Africa. 

16 (3) The President has taken steps to improve 

17 how the United States Government supports Amer18 ican businesses by mandating an executive review 

19 across agencies and a new Doing Business in Africa 

20 initiative, but a substantially greater high-level focus 

21 on Africa is needed. 

22 (4) Many other countries have trade promotion 

23 programs that aggressively compete against United 

24 States exports in Africa and around the world. For 

25 example, in 2010, medium- and long-term official ex26 port credit general volumes from the Group of 7 


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

2 the United Kingdom, and the United States) totaled 

3 $65,400,000,000. Germany provided the largest level 

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

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

6 $13,000,000,000. Official export credit support by 

7 emerging market economies such as Brazil, China, 

8 and India are significant as well. 

9 (5) Between 2008 and 2010, China alone pro10 vided more than $110,000,000,000 in loans to the 

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

12 United States as the leading trade partner of Afri13 can countries. In the last 10 years, African trade 

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

15 $166,000,000,000. 

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

17 States substantially increased lending to United 

18 States businesses focused on Africa from 

19 $400,000,000 in 2009 to $1,400,000,000 in 2011, 

20 but the Export-Import Bank of China dwarfed this 

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

22 financing. Overall, China is outpacing the United 

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

24 1. 


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1 (7) Other countries such as India, Turkey, Rus2 sia, and Brazil are also aggressively seeking markets 

3 in Africa using their national export banks to pro4 vide concessional assistance. 

5 (8) The Chinese practice of concessional financ6 ing runs contrary to the principles of the Organiza7 tion of Economic Co-operation and Development re8 lated to open market rates, undermines naturally 

9 competitive rates, and can allow governments in Af10 rica to overlook the troubling record on labor prac11 tices, human rights, and environmental impact. 

12 (9) As stated in a recent report entitled ‘‘Em13 bracing Africa’s Economic Potential’’ by Senator 

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

15 dramatically, but the continent’s vast economic po16 tential has not yet been fully realized by the U.S. 

17 Government or the American private sector.’’. 

18 (10) The African continent is undergoing a pe19 riod of rapid growth and middle class development, 

20 as seen from major indicators such as Internet use, 

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

22 last decade alone, the percentage of the population 

23 with access to the Internet has doubled. Seventy24 eight percent of Africa’s rural population now has 

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


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1 income per person in Africa has grown by more than 

2 30 percent. 

3 (11) Economists have designated Africa as the 

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

5 African firms and growth rates of African countries 

6 exceeding global averages in recent years. Countries 

7 in Africa have a collective spending power of almost 

8 $9,000,000,000 and a gross domestic product of 

9 $1,600,000,000,000, which are projected to double 

10 in the next 10 years. 

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

12 home to 6 of the 10 fastest growing economies in 

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

14 the fastest growing economies in the world over the 

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

16 economies located in sub-Saharan Africa. 

17 (13) When countries such as China assist with 

18 large-scale government projects, they also gain an 

19 upper hand in relations with African leaders and ac20 cess to valuable commodities such as oil and copper, 

21 typically without regard to environmental, human 

22 rights, labor, or governance standards. 

23 (14) Unless the United States can offer com24 petitive financing for its firms in Africa, it will be 

25 deprived of opportunities to participate in African 


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1 efforts to close the continent’s significant infrastruc2 ture gap that amounts to an estimated 

3 $100,000,000,000. 

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

5 jobs in the United States by expanding programs that will 

6 result in increasing United States exports to Africa by 200 

7 percent in real dollar value within 10 years. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

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

11 entire continent of Africa and its 54 countries, in12 cluding the Republic of South Sudan. 

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

14 diaspora’’ means the people of African origin living 

15 in the United States, irrespective of their citizenship 

16 and nationality, who are willing to contribute to the 

17 development of Africa. 

18 (3) AGOA.—The term ‘‘AGOA’’ means the Af19 rican Growth and Opportunity Act (19 U.S.C. 3701 

20 et seq.). 

21 (4) APPROPRIATE CONGRESSIONAL COMMIT22 TEES.—The term ‘‘appropriate congressional com23 mittees’’ means— 

24 (A) the Committee on Appropriations, the 

25 Committee on Banking, Housing, and Urban 


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1 Affairs, the Committee on Foreign Relations, 

2 and the Committee on Finance of the Senate; 

3 and 

4 (B) the Committee on Appropriations, the 

5 Committee on Energy and Commerce, the Com6 mittee on Financial Services, the Committee on 

7 Foreign Affairs, and the Committee on Ways 

8 and Means of the House of Representatives. 

9 (5) DEVELOPMENT AGENCIES.—The term ‘‘de10 velopment agencies’’ includes the Department of 

11 State, the United States Agency for International 

12 Development (USAID), the Millennium Challenge 

13 Corporation (MCC), the Overseas Private Invest14 ment Corporation (OPIC), the United States Trade 

15 and Development Agency (USTDA), the United 

16 States Department of Agriculture (USDA), and rel17 evant multilateral development banks. 

18 (6) TRADE POLICY STAFF COMMITTEE.—The 

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

20 Trade Policy Staff Committee established pursuant 

21 to section 2002.2 of title 15, Code of Federal Regu22 lations, and is composed of representatives of Fed23 eral agencies in charge of developing and coordi24 nating United States positions on international trade 

25 and trade-related investment issues. 


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1 (7) MULTILATERAL DEVELOPMENT BANKS.— 

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

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

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

5 262r(c)(4)) and includes the African Development 

6 Foundation. 

7 (8) SUB-SAHARAN REGION.—The term ‘‘sub-Sa8 haran region’’ refers to the 49 countries listed in 

9 section 107 of the African Growth and Opportunity 

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

11 South Sudan. 

12 (9) TRADE PROMOTION COORDINATING COM13 MITTEE.—The term ‘‘Trade Promotion Coordinating 

14 Committee’’ means the Trade Promotion Coordi15 nating Committee established by Executive Order 

16 12870 (58 Fed. Reg. 51753). 

17 (10) UNITED STATES AND FOREIGN COMMER18 CIAL SERVICE.—The term ‘‘United States and For19 eign Commercial Service’’ means the United States 

20 and Foreign Commercial Service established by sec21 tion 2301 of the Export Enhancement Act of 1988 

22 (15 U.S.C. 4721). 

23 SEC. 4. STRATEGY. 

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

25 date of the enactment of this Act, the President shall esVerDate Mar 15 2010 23:55 Sep 10, 2013 Jkt 029200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\S718.RS S718

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1 tablish a comprehensive United States strategy for public 

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

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

4 subsection (a) shall focus on— 

5 (1) increasing exports of United States goods 

6 and services to Africa by 200 percent in real dollar 

7 value within 10 years from the date of the enact8 ment of this Act; 

9 (2) promoting the alignment of United States 

10 commercial interests with development priorities in 

11 Africa; 

12 (3) developing relationships between the govern13 ments of countries in Africa and United States busi14 nesses that have an expertise in such issues as infra15 structure development, technology, telecommuni16 cations, energy, and agriculture; 

17 (4) improving the competitiveness of United 

18 States businesses in Africa, including the role the 

19 African diaspora can play in enhancing such com20 petitiveness; 

21 (5) exploring ways that African diaspora remit22 tances can help communities in Africa tackle eco23 nomic, development, and infrastructure financing 

24 needs; 


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1 (6) promoting economic integration in Africa 

2 through working with the subregional economic com3 munities, supporting efforts for deeper integration 

4 through the development of customs unions within 

5 western and central Africa and within eastern and 

6 southern Africa, eliminating time-consuming border 

7 formalities into and within these areas, and sup8 porting regionally based infrastructure projects; 

9 (7) encouraging a greater understanding among 

10 United States business and financial communities of 

11 the opportunities Africa holds for United States ex12 ports; 

13 (8) fostering partnership opportunities between 

14 United States and African small- and medium-sized 

15 enterprises; and 

16 (9) monitoring— 

17 (A) market loan rates and the availability 

18 of capital for United States business investment 

19 in Africa; 

20 (B) loan rates offered by the governments 

21 of other countries for investment in Africa; and 

22 (C) the policies of other countries with re23 spect to export financing for investment in Afri24 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 relevant multilateral development banks, 

8 in coordination with the Secretary of the Treasury 

9 and the respective United States Executive Directors 

10 of such banks; 

11 (4) each agency that participates in the Trade 

12 Policy Staff Committee; 

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

14 (6) each of the development agencies; 

15 (7) any other Federal agencies with responsi16 bility for export promotion or financing and develop17 ment; and 

18 (8) the private sector, including businesses, 

19 nongovernmental organizations, and African dias20 pora groups. 

21 (d) SUBMISSION TO CONGRESS.— 

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

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

24 shall submit to Congress the strategy required by 

25 subsection (a). 


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

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

3 President shall submit to Congress a report on the 

4 implementation of the strategy required by sub5 section (a). 

6 (3) CONTENT OF REPORT.—The report re7 quired by paragraph (2) shall include an assessment 

8 of the extent to which the strategy required by sub9 section (a)— 

10 (A) has been successful in developing crit11 ical analyses of policies to increase exports to 

12 Africa; 

13 (B) has been successful in increasing the 

14 competitiveness of United States businesses in 

15 Africa; 

16 (C) has been successful in creating jobs in 

17 the United States, including the nature and 

18 sustainability of such jobs; 

19 (D) has provided sufficient United States 

20 Government support to meet third country com21 petition in the region; 

22 (E) has been successful in helping the Af23 rican diaspora in the United States participate 

24 in economic growth in Africa; 


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1 (F) has been successful in promoting eco2 nomic integration in Africa; and 

3 (G) has made a meaningful contribution to 

4 the transformation of Africa and its full inte5 gration into the 21st century world economy, 

6 not only as a supplier of primary products but 

7 also as full participant in international supply 

8 and distribution chains and as a consumer of 

9 international goods and services. 

10 SEC. 5. SPECIAL AFRICA STRATEGY COORDINATOR. 

11 The President shall designate an individual to serve 

12 as Special Africa Export Strategy Coordinator— 

13 (1) to oversee the development and implementa14 tion of the strategy required by section 4; and 

15 (2) to coordinate with the Trade Promotion Co16 ordinating Committee, (the interagency AGOA com17 mittees), and development agencies with respect to 

18 developing and implementing the strategy. 

19 SEC. 6. TRADE MISSION TO AFRICA. 

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

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

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

23 States Government with responsibility for export pro24 motion, financing, and development should conduct a joint 

25 trade mission to Africa. 


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1 SEC. 7. PERSONNEL. 

2 (a) UNITED STATES AND FOREIGN COMMERCIAL

3 SERVICE.— 

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

5 shall ensure that not less than 10 total United 

6 States and Foreign Commercial Service officers are 

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

8 beginning after the date of the enactment of this 

9 Act. 

10 (2) ASSIGNMENT.—The Secretary shall, in con11 sultation with the Trade Promotion Coordinating 

12 Committee and the Special Africa Export Strategy 

13 Coordinator, assign the United States and Foreign 

14 Commercial Service officers described in paragraph 

15 (1) to United States embassies in Africa after con16 ducting a timely resource allocation analysis that 

17 represents a forward-looking assessment of future 

18 United States trade opportunities in Africa. 

19 (3) MULTILATERAL DEVELOPMENT BANKS.— 

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

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

22 Secretary of Commerce shall, using existing 

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

24 States and Foreign Commercial Service officer 

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1 rector at the World Bank and the African De2 velopment Bank. 

3 (B) RESPONSIBILITIES.—Each United 

4 States and Foreign Commercial Service officer 

5 assigned under subparagraph (A) shall be re6 sponsible for— 

7 (i) increasing the access of United 

8 States businesses to procurement contracts 

9 with the multilateral development bank to 

10 which the officer is assigned; and 

11 (ii) facilitating the access of United 

12 States businesses to risk insurance, equity 

13 investments, consulting services, and lend14 ing provided by that bank. 

15 (b) EXPORT-IMPORT BANK OF THE UNITED

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

17 Bank that remain after paying the expenses the Bank is 

18 authorized to pay from such amounts for administrative 

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

20 following: 

21 (1) Increase the number of staff dedicated to 

22 expanding business development for Africa, including 

23 increasing the number of business development trips 

24 the Bank conducts to Africa and the amount of time 

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


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

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

3 9(a)(2). 

4 (2) Maintain an appropriate number of employ5 ees of the Bank assigned to United States field of6 fices of the Bank to be distributed as geographically 

7 appropriate through the United States. Such offices 

8 shall coordinate with the related export efforts un9 dertaken by the Small Business Administration re10 gional field offices. 

11 (3) Upgrade the Bank’s equipment and soft12 ware to more expeditiously, effectively, and effi13 ciently process and track applications for financing 

14 received by the Bank. 

15 (c) OVERSEAS PRIVATE INVESTMENT CORPORA16 TION.— 

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

18 collected by the Overseas Private Investment Cor19 poration used for administrative expenses, the Cor20 poration shall use sufficient funds to increase by not 

21 more than 5 the staff needed to promote stable and 

22 sustainable economic growth and development in Af23 rica, to strengthen and expand the private sector in 

24 Africa, and to facilitate the general economic devel25 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 

25 lending capabilities for projects in Africa as deVerDate Mar 15 2010 23:55 Sep 10, 2013 Jkt 029200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6401 E:\BILLS\S718.RS S718

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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 

25 Appropriations of the House of Representatives a reVerDate Mar 15 2010 23:55 Sep 10, 2013 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6401 E:\BILLS\S718.RS S718

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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. 

16 SECTION 1. SHORT TITLE. 

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

18 Jobs Through Greater Exports to Africa Act of 2013’’. 

19 SEC. 2. FINDINGS; PURPOSE. 

20 (a) FINDINGS.—Congress makes the following findings: 

21 (1) Export growth helps United States businesses 

22 grow and create American jobs. In 2011, United 

23 States exports supported 9,700,000 jobs and 97.8 per24 cent of United States exports came from small- and 

25 medium-sized businesses in 2010. 


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

2 involved in export promotion and financing are not 

3 sufficiently coordinated to adequately expand United 

4 States commercial exports to Africa. 

5 (3) The President has taken steps to improve 

6 how the United States Government supports Amer7 ican businesses by mandating an executive review 

8 across agencies and a new Doing Business in Africa 

9 initiative, but a substantially greater high-level focus 

10 on Africa is needed. 

11 (4) Many other countries have trade promotion 

12 programs that aggressively compete against United 

13 States exports in Africa and around the world. For 

14 example, in 2010, medium- and long-term official ex15 port credit general volumes from the Group of 7 coun16 tries (Canada, France, Germany, Italy, Japan, the 

17 United Kingdom, and the United States) totaled 

18 $65,400,000,000. Germany provided the largest level 

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

20 $17,400,000,000 and the United States at 

21 $13,000,000,000. Official export credit support by 

22 emerging market economies such as Brazil, China, 

23 and India are significant as well. 

24 (5) Between 2008 and 2010, China alone pro25 vided more than $110,000,000,000 in loans to the deVerDate Mar 15 2010 23:55 Sep 10, 2013 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6203 E:\BILLS\S718.RS S718

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1 veloping world, and, in 2009, China surpassed the 

2 United States as the leading trade partner of African 

3 countries. In the last 10 years, African trade with 

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

5 $166,000,000,000. 

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

7 States substantially increased lending to United 

8 States businesses focused on Africa from $400,000,000 

9 in 2009 to $1,400,000,000 in 2011, but the Export10 Import Bank of China dwarfed this effort with an es11 timated $12,000,000,000 worth of financing. Overall, 

12 China is outpacing the United States in selling goods 

13 to Africa at a rate of 3 to 1. 

14 (7) Other countries such as India, Turkey, Rus15 sia, and Brazil are also aggressively seeking markets 

16 in Africa using their national export banks to provide 

17 concessional assistance. 

18 (8) The Chinese practice of concessional financ19 ing runs contrary to the principles of the Organiza20 tion of Economic Co-operation and Development re21 lated to open market rates, undermines naturally 

22 competitive rates, and can allow governments in Afri23 ca to overlook the troubling record on labor practices, 

24 human rights, and environmental impact. 


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1 (9) As stated in a recent report entitled ‘‘Em2 bracing Africa’s Economic Potential’’ by Senator 

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

4 dramatically, but the continent’s vast economic poten5 tial has not yet been fully realized by the U.S. Gov6 ernment or the American private sector.’’ 

7 (10) The African continent is undergoing a pe8 riod of rapid growth and middle class development, 

9 as seen from major indicators such as Internet use, 

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

11 last decade alone, the percentage of the population 

12 with access to the Internet has doubled. Seventy-eight 

13 percent of Africa’s rural population now has access to 

14 clean water. Over the past 10 years, real income per 

15 person in Africa has grown by more than 30 percent. 

16 Such economic growth will expand even faster if more 

17 reliable energy production is achieved—a business 

18 sector in which American industry excels. 

19 (11) Economists have designated Africa as the 

20 ‘‘next frontier market’’, with profitability of many Af21 rican firms and growth rates of African countries ex22 ceeding global averages in recent years. Countries in 

23 Africa have a collective spending power of almost 

24 $9,000,000,000 and a gross domestic product of 


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

2 the next 10 years. 

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

4 to 6 of the 10 fastest growing economies in the world. 

5 Sub-Saharan Africa is projected to have the fastest 

6 growing economies in the world over the next 10 

7 years, with 7 of the 10 fastest growing economies lo8 cated in sub-Saharan Africa. 

9 (13) When countries such as China assist with 

10 large-scale government projects, they also gain an 

11 upper hand in relations with African leaders and ac12 cess to valuable commodities such as oil and copper, 

13 typically without regard to environmental, human 

14 rights, labor, or governance standards. 

15 (14) Unless the United States can offer competi16 tive financing for its firms in Africa, it will be de17 prived of opportunities to participate in African ef18 forts to close the continent’s significant infrastructure 

19 gap that amounts to an estimated $100,000,000,000. 

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

21 in the United States by expanding programs that will result 

22 in increasing United States exports to Africa by 200 per23 cent in real dollar value within 10 years. 

24 SEC. 3. DEFINITIONS. 

25 In this Act: 


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1 (1) AFRICA.—The term ‘‘Africa’’ refers to the en2 tire continent of Africa and its 54 countries, includ3 ing the Republic of South Sudan. 

4 (2) AFRICAN DIASPORA.—The term ‘‘African di5 aspora’’ means the people of African origin living in 

6 the United States, irrespective of their citizenship and 

7 nationality, who are willing to contribute to the de8 velopment of Africa. 

9 (3) AGOA.—The term ‘‘AGOA’’ means the Afri10 can Growth and Opportunity Act (19 U.S.C. 3701 et 

11 seq.). 

12 (4) APPROPRIATE CONGRESSIONAL COMMIT13 TEES.—The term ‘‘appropriate congressional commit14 tees’’ means— 

15 (A) the Committee on Appropriations, the 

16 Committee on Banking, Housing, and Urban Af17 fairs, the Committee on Foreign Relations, and 

18 the Committee on Finance of the Senate; and 

19 (B) the Committee on Appropriations, the 

20 Committee on Energy and Commerce, the Com21 mittee on Financial Services, the Committee on 

22 Foreign Affairs, and the Committee on Ways 

23 and Means of the House of Representatives. 

24 (5) DEVELOPMENT AGENCIES.—The term ‘‘devel25 opment agencies’’ includes the Department of State, 


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1 the United States Agency for International Develop2 ment (USAID), the Millennium Challenge Corpora3 tion (MCC), the Overseas Private Investment Cor4 poration (OPIC), the United States Trade and Devel5 opment Agency (USTDA), the United States Depart6 ment of Agriculture (USDA), and relevant multilat7 eral development banks. 

8 (6) TRADE POLICY STAFF COMMITTEE.—The 

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

10 Trade Policy Staff Committee established pursuant to 

11 section 2002.2 of title 15, Code of Federal Regula12 tions, and is composed of representatives of Federal 

13 agencies in charge of developing and coordinating 

14 United States positions on international trade and 

15 trade-related investment issues. 

16 (7) MULTILATERAL DEVELOPMENT BANKS.—The 

17 term ‘‘multilateral development banks’’ has the mean18 ing given that term in section 1701(c)(4) of the Inter19 national Financial Institutions Act (22 U.S.C. 

20 262r(c)(4)) and includes the African Development 

21 Foundation. 

22 (8) SUB-SAHARAN REGION.—The term ‘‘sub-Sa23 haran region’’ refers to the 49 countries listed in sec24 tion 107 of the African Growth and Opportunity Act 


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1 (19 U.S.C. 3706) and includes the Republic of South 

2 Sudan. 

3 (9) TRADE PROMOTION COORDINATING COM4 MITTEE.—The term ‘‘Trade Promotion Coordinating 

5 Committee’’ means the Trade Promotion Coordi6 nating Committee established by Executive Order 

7 12870 (58 Fed. Reg. 51753). 

8 (10) UNITED STATES AND FOREIGN COMMERCIAL

9 SERVICE.—The term ‘‘United States and Foreign 

10 Commercial Service’’ means the United States and 

11 Foreign Commercial Service established by section 

12 2301 of the Export Enhancement Act of 1988 (15 

13 U.S.C. 4721). 

14 SEC. 4. STRATEGY. 

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

16 date of the enactment of this Act, the President shall estab17 lish a comprehensive United States strategy for public and 

18 private investment, trade, and development in Africa. 

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

20 subsection (a) shall focus on— 

21 (1) increasing exports of United States goods 

22 and services to Africa by 200 percent in real dollar 

23 value within 10 years from the date of the enactment 

24 of this Act; 


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1 (2) promoting the alignment of United States 

2 commercial interests with development priorities in 

3 Africa; 

4 (3) developing relationships between the govern5 ments of countries in Africa and United States busi6 nesses that have an expertise in such issues as critical 

7 energy security, infrastructure development, tech8 nology, telecommunications, and agriculture; 

9 (4) improving the competitiveness of United 

10 States businesses in Africa, including by encouraging 

11 the adoption of United States construction codes and 

12 product standards, with emphasis on those designated 

13 as American National Standards by the American 

14 National Standards Institute where applicable; 

15 (5) exploring the role the African diaspora can 

16 play in enhancing competitiveness of United States 

17 businesses in African and ways that African diaspora 

18 remittances can help communities in Africa tackle 

19 economic, development, and infrastructure financing 

20 needs; 

21 (6) promoting economic integration in Africa 

22 through working with the subregional economic com23 munities, supporting efforts for deeper integration 

24 through the development of customs unions within 

25 western and central Africa and within eastern and 


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1 southern Africa, eliminating time-consuming border 

2 formalities into and within these areas, and sup3 porting regionally based infrastructure projects; 

4 (7) encouraging a greater understanding among 

5 United States business and financial communities of 

6 the opportunities Africa holds for United States ex7 ports; 

8 (8) fostering partnership opportunities between 

9 United States and African small- and medium-sized 

10 enterprises; 

11 (9) supporting African entrepreneurship and 

12 private sector development as a means to sustainable 

13 economic growth and security; and 

14 (10) monitoring— 

15 (A) market loan rates and the availability 

16 of capital for United States business investment 

17 in Africa; 

18 (B) loan rates offered by the governments of 

19 other countries for investment in Africa; and 

20 (C) the policies of other countries with re21 spect to export financing for investment in Afri22 ca that are predatory or distort markets. 

23 (c) CONSULTATIONS.—In developing the strategy re24 quired by subsection (a), the President shall consult 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, non15 governmental organizations, and African diaspora 

16 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 sub21 section (a). 

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

23 after the date of the enactment of this Act, the Presi24 dent shall submit to Congress a report on the imple25 mentation of the strategy required by subsection (a). 


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1 (3) CONTENT OF REPORT.—The report required 

2 by paragraph (2) shall include an accounting of all 

3 current United States Government programs to pro4 mote exports to and trade with Africa and to assist 

5 United States businesses competing in the African 

6 market as well as an assessment of the extent to which 

7 the strategy required by subsection (a)— 

8 (A) has been successful in developing crit9 ical analyses of policies to increase exports to Af10 rica; 

11 (B) has been successful in increasing the 

12 competitiveness of United States businesses in 

13 Africa; 

14 (C) has been successful in creating jobs in 

15 the United States, including the nature and sus16 tainability of such jobs; 

17 (D) has provided sufficient United States 

18 Government support to meet third country com19 petition in the region; 

20 (E) has been successful in helping the Afri21 can diaspora in the United States participate in 

22 economic growth in Africa; 

23 (F) has been successful in promoting eco24 nomic integration in Africa; 


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1 (G) has encouraged specific policies and 

2 programs in Africa which provide a stable, safe, 

3 and transparent environment in which business 

4 and entrepreneurship can thrive; and 

5 (H) has made a meaningful contribution to 

6 the transformation of Africa and its full integra7 tion into the 21st century world economy, not 

8 only as a supplier of primary products but also 

9 as full participant in international supply and 

10 distribution chains and as a consumer of inter11 national goods and services. 

12 SEC. 5. SPECIAL AFRICA STRATEGY COORDINATOR. 

13 The President shall designate an individual to serve 

14 as Special Africa Export Strategy Coordinator— 

15 (1) to oversee the development and implementa16 tion of the strategy required by section 4; and 

17 (2) to coordinate with the Trade Promotion Co18 ordinating Committee, (the interagency AGOA com19 mittees), and development agencies with respect to de20 veloping and implementing the strategy. 

21 SEC. 6. TRADE MISSION TO AFRICA. 

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

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

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

25 States Government with responsibility for export proVerDate Mar 15 2010 23:55 Sep 10, 2013 Jkt 029200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6203 E:\BILLS\S718.RS S718

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1 motion, financing, and development should conduct a joint 

2 trade mission to Africa. 

3 SEC. 7. PERSONNEL. 

4 (a) UNITED STATES AND FOREIGN COMMERCIAL

5 SERVICE.— 

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

7 shall ensure that not less than 10 total United States 

8 and Foreign Commercial Service officers are assigned 

9 to Africa for each of the first 5 fiscal years beginning 

10 after the date of the enactment of this Act. 

11 (2) ASSIGNMENT.—The Secretary shall, in con12 sultation with the Trade Promotion Coordinating 

13 Committee and the Special Africa Export Strategy 

14 Coordinator, assign the United States and Foreign 

15 Commercial Service officers described in paragraph 

16 (1) to United States embassies in Africa after con17 ducting a timely resource allocation analysis that 

18 represents a forward-looking assessment of future 

19 United States trade opportunities in Africa. 

20 (3) MULTILATERAL DEVELOPMENT BANKS.— 

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

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

23 Secretary of Commerce shall, using existing staff, 

24 assign not less than 1 full-time United States 

25 and Foreign Commercial Service officer to the ofVerDate Mar 15 2010 23:55 Sep 10, 2013 Jkt 029200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6203 E:\BILLS\S718.RS S718

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1 fice of the United States Executive Director at 

2 the World Bank and the African Development 

3 Bank. 

4 (B) RESPONSIBILITIES.—Each United 

5 States and Foreign Commercial Service officer 

6 assigned under subparagraph (A) shall be re7 sponsible for— 

8 (i) increasing the access of United 

9 States businesses to procurement contracts 

10 with the multilateral development bank to 

11 which the officer is assigned; and 

12 (ii) facilitating the access of United 

13 States businesses to risk insurance, equity 

14 investments, consulting services, and lend15 ing provided by that bank. 

16 (b) EXPORT-IMPORT BANK OF THE UNITED STATES.— 

17 Of the amounts collected by the Export-Import Bank that 

18 remain after paying the expenses the Bank is authorized 

19 to pay from such amounts for administrative expenses, the 

20 Bank shall use sufficient funds to do the following: 

21 (1) Increase the number of staff dedicated to ex22 panding business development for Africa, including 

23 increasing the number of business development trips 

24 the Bank conducts to Africa and the amount of time 

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


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1 section 9 and paragraph (4) of section 6(a) of the Ex2 port-Import Bank of 1945, as added by section 

3 9(a)(2). 

4 (2) Maintain an appropriate number of employ5 ees of the Bank assigned to United States field offices 

6 of the Bank to be distributed as geographically appro7 priate through the United States. Such offices shall 

8 coordinate with the related export efforts undertaken 

9 by the Small Business Administration regional field 

10 offices. 

11 (3) Upgrade the Bank’s equipment and software 

12 to more expeditiously, effectively, and efficiently proc13 ess and track applications for financing received by 

14 the Bank. 

15 (c) OVERSEAS PRIVATE INVESTMENT CORPORATION.— 

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

17 collected by the Overseas Private Investment Corpora18 tion used for administrative expenses, the Corporation 

19 shall use sufficient funds to increase by not more than 

20 5 the staff needed to promote stable and sustainable 

21 economic growth and development in Africa, to 

22 strengthen and expand the private sector in Africa, 

23 and to facilitate the general economic development of 

24 Africa, with a particular focus on helping United 

25 States businesses expand into African markets. 


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

2 the appropriate congressional committees on whether 

3 recent technology upgrades have resulted in more ef4 fective and efficient processing and tracking of appli5 cations for financing received by the Corporation. 

6 (3) CERTAIN COSTS NOT CONSIDERED ADMINIS7 TRATIVE EXPENSES.—For purposes of this subsection, 

8 systems infrastructure costs associated with activities 

9 authorized by title IV of chapter 2 of part I of the 

10 Foreign Assistance Act of 1961 (22 U.S.C. 231 et seq.) 

11 shall not be considered administrative expenses. 

12 (d) RULE OF CONSTRUCTION.—Nothing in this section 

13 shall be construed as permitting the reduction of Depart14 ment of Commerce, Department of State, Export Import 

15 Bank, or Overseas Private Investment Corporation per16 sonnel or the alteration of planned personnel increases in 

17 other regions, except where a personnel decrease was pre18 viously anticipated or where decreased export opportunities 

19 justify personnel reductions. 

20 SEC. 8. TRAINING. 

21 The President shall develop a plan— 

22 (1) to standardize the training received by 

23 United States and Foreign Commercial Service offi24 cers, economic officers of the Department of State, 

25 and economic officers of the United States Agency for 


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1 International Development with respect to the pro2 grams and procedures of the Export-Import Bank of 

3 the United States, the Overseas Private Investment 

4 Corporation, the Small Business Administration, and 

5 the United States Trade and Development Agency; 

6 and 

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

8 date of the enactment of this Act— 

9 (A) all United States and Foreign Commer10 cial Service officers that are stationed overseas 

11 receive the training described in paragraph (1); 

12 and 

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

14 United States and Foreign Commercial Service 

15 officer is assigned, any economic officer of the 

16 Department of State stationed in that country 

17 shall receive that training. 

18 SEC. 9. EXPORT-IMPORT BANK FINANCING. 

19 (a) FINANCING FOR PROJECTS IN AFRICA.— 

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

21 Congress that foreign export credit agencies are pro22 viding non-OECD arrangement compliant financing 

23 in Africa, which is trade distorting and threatens 

24 United States jobs. 


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1 (2) IN GENERAL.—Section 6(a) of the Export2 Import Bank Act of 1945 (12 U.S.C. 635e(a)) is 

3 amended by adding at the end the following: 

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

5 PROJECTS IN AFRICA.—The Bank shall, to the extent 

6 that there are acceptable final applications, increase 

7 the amount it finances to Africa over the prior year’s 

8 financing for each of the first five fiscal years begin9 ning after the date of the enactment of the Increasing 

10 American Jobs Through Greater Exports to Africa 

11 Act of 2013.’’. 

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

13 date of the enactment of this Act, and annually there14 after for 5 years, the Export-Import Bank shall report 

15 to the Committee on Banking, Housing, and Urban 

16 Affairs, the Committee on Foreign Relations, and the 

17 Committee on Appropriations of the Senate and the 

18 Committee on Financial Services, the Committee on 

19 Foreign Affairs, and the Committee on Appropria20 tions of the House of Representatives if the Bank has 

21 not used at least 10 percent of its lending capabilities 

22 for projects in Africa as described in paragraph (4) 

23 of section 6(a) of the Export-Import Bank of 1945, as 

24 added by paragraph (2). The report shall include the 

25 reasons why the Bank failed to reach this goal and 


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1 a description of all final applications for projects in 

2 Africa that were deemed unworthy of Bank support. 

3 (b) AVAILABILITY OF PORTION OF CAPITALIZATION TO

4 COMPETE AGAINST FOREIGN CONCESSIONAL LOANS.— 

5 (1) IN GENERAL.—The Bank shall make avail6 able annually such amounts as are necessary for 

7 loans that counter trade distorting non-OECD ar8 rangement compliant financing or preferential, tied 

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

10 nations for which United States companies are also 

11 competing or interested in competing. 

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

13 date of the enactment of this Act, and annually there14 after for 5 years, the Export-Import Bank shall sub15 mit to the Committee on Banking, Housing, and 

16 Urban Affairs, the Committee on Foreign Relations, 

17 and the Committee on Appropriations of the Senate 

18 and the Committee on Financial Services, the Com19 mittee on Foreign Affairs, and the Committee on Ap20 propriations of the House of Representatives a report 

21 on all loans made or rejected that were considered to 

22 counter non-OECD arrangement compliant financing 

23 offered by other nations to its firms. The report shall 

24 not disclose any information that is confidential or 

25 business proprietary, or that would violate section 


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1 1905 of title 18, United States Code (commonly re2 ferred to as the ‘‘Trade Secrets Act’’). The report shall 

3 include a description of trade distorting non-OECD 

4 arrangement compliant financing loans made by 

5 other countries during that fiscal year to firms that 

6 competed against the United States firms. 

7 SEC. 10. SMALL BUSINESS ADMINISTRATION. 

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

9 649(b)) is amended— 

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

11 inserting ‘‘the Trade Promotion Coordinating Com12 mittee,’’ after ‘‘Director of the United States Trade 

13 and Development Agency,’’; and 

14 (2) in paragraph (3), by inserting ‘‘regional of15 fices of the Export-Import Bank,’’ after ‘‘Retired Ex16 ecutives,’’. 

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

18 MULTILATERAL AGREEMENTS. 

19 Where applicable, the President shall explore opportu20 nities to negotiate bilateral, subregional, and regional 

21 agreements that encourage trade and eliminate nontariff 

22 barriers to trade between countries, such as negotiating in23 vestor friendly double-taxation treaties and investment pro24 motion agreements. United States negotiators in multilat25 eral forum should take into account the objectives of this 


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1 Act. To the extent any such agreements exist between the 

2 United States and an African country, the President shall 

3 ensure that the agreement is being implemented in a man4 ner that maximizes the positive effects for United States 

5 trade, export, and labor interests as well as the economic 

6 development of the countries in Africa. 


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Calendar No. 181 

113TH CONGRESS 

1ST SESSION S. 718 

[Report No. 113–103] 

A BILL 

To create jobs in the United States by increasing 

for other purposes. percent in real dollar value within 10 years, and United States exports to Africa by at least 200 

SEPTEMBER 10, 2013 

Reported with an amendment 


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