,,ii #aacth ,,congress #ast ,session ,s4 #gah ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #aa1 #bjac ,mr4 ,durbin 7for himself1 ,mr4 ,boozman1 ,mr4 ,coons1 ,ms4 ,landrieu1 and ,mr4 ,cardin7 introduced the following bill2 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 #bjj percent in real dollar value within #aj years1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,increasing ,american ,jobs ,through ,greater ,exports to ,africa ,act of #bjac4 #b4 ,findings2 purpose 7a7 ,findings ,congress makes the following findings3 7#a7 ,export growth helps ,united ,states businesses grow and create ,american jobs4 ,in #bjaa1 ,united ,states exports supported #i1gjj1jjj jobs and #ig4h percent of ,united ,states exports came from small- and medium-sized businesses in #bjaj4 7#b7 ,the more than #bj ,federal agencies that are involved in export promotion and financing are not sufficiently coordinated to adequately expand ,united ,states commercial exports to ,africa4 7#c7 ,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 initiative1 but a substantially greater high-level focus on ,africa is needed4 7#d7 ,many other countries have trade promotion programs that aggressively compete against ,united ,states exports in ,africa and around the world4 ,for example1 in #bjaj1 medium- and long-term official export credit general volumes from the ,group of #g countries 7,canada1 ,france1 ,germany1 ,italy1 ,japan1 the ,united ,kingdom1 and the ,united ,states7 totaled #fe1djj1jjj1jjj4 ,germany provided the largest level of support at #bb1ejj1jjj1jjj1 followed by ,france at #ag1djj1jjj1jjj and the ,united ,states at #ac1jjj1jjj1jjj4 ,official export credit support by emerging market economies such as ,brazil1 ,china1 and ,india are significant as well4 7#e7 ,between #bjjh and #bjaj1 ,china alone provided more than #aaj1jjj1jjj1jjj in loans to the developing world1 and1 in #bjji1 ,china surpassed the ,united ,states as the leading trade partner of ,african countries4 ,in the last #aj years1 ,african trade with ,china has increased from #aa1jjj1jjj1jjj to #aff1jjj1jjj1jjj4 7#f7 ,the ,export-,import ,bank of the ,united ,states substantially increased lending to ,united ,states businesses focused on ,africa from #djj1jjj1jjj in #bjji to #a1djj1jjj1jjj in #bjaa1 but the ,export-,import ,bank of ,china dwarfed this effort with an estimated #ab1jjj1jjj1jjj worth of financing4 ,overall1 ,china is outpacing the ,united ,states in selling goods to ,africa at a rate of #c to #a4 7#g7 ,other countries such as ,india1 ,turkey1 ,russia1 and ,brazil are also aggressively seeking markets in ,africa using their national export banks to provide concessional assistance4 7#h7 ,the ,chinese practice of concessional financing runs contrary to the principles of the ,organization of ,economic ,co-operation and ,development related to open market rates1 undermines naturally competitive rates1 and can allow governments in ,africa to overlook the troubling record on labor practices1 human rights1 and environmental impact4 7#i7 ,as stated in a recent report entitled ,embracing ,africa's ,economic ,potential by ,senator ,chris ,coons1 ,economic growth in ,africa has risen dramatically1 but the continent's vast economic potential has not yet been fully realized by the ,u4,s4 ,government or the ,american private sector44 7#aj7 ,the ,african continent is undergoing a period of rapid growth and middle class development1 as seen from major indicators such as ,internet use1 clean water access1 and real income growth4 ,in the last decade alone1 the percentage of the population with access to the ,internet has doubled4 ,seventy-eight percent of ,africa's rural population now has access to clean water4 ,over the past #aj years1 real income per person in ,africa has grown by more than #cj percent4 7#aa7 ,economists have designated ,africa as the next frontier market1 with profitability of many ,african firms and growth rates of ,african countries exceeding global averages in recent years4 ,countries in ,africa have a collective spending power of almost #i1jjj1jjj1jjj and a gross domestic product of #a1fjj1jjj1jjj1jjj1 which are projected to double in the next #aj years4 7#ab7 ,in the past #aj years1 ,africa has been home to #f of the #aj fastest growing economies in the world4 ,sub-,saharan ,africa is projected to have the fastest growing economies in the world over the next #aj years1 with #g of the #aj fastest growing economies located in sub-,saharan ,africa4 7#ac7 ,when countries such as ,china assist with large-scale government projects1 they also gain an upper hand in relations with ,african leaders and access to valuable commodities such as oil and copper1 typically without regard to environmental1 human rights1 labor1 or governance standards4 7#ad7 ,unless the ,united ,states can offer competitive financing for its firms in ,africa1 it will be deprived of opportunities to participate in ,african efforts to close the continent's significant infrastructure gap that amounts to an estimated #ajj1jjj1jjj1jjj4 7b7 ,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 #bjj percent in real dollar value within #aj years4 #c4 ,definitions ,in this ,act3 7#a7 ,africa ,the term ,africa refers to the entire continent of ,africa and its #ed countries1 including the ,republic of ,south ,sudan4 7#b7 ,african ,diaspora ,the term ,african diaspora means the people of ,african origin living in the ,united ,states1 irrespective of their citizenship and nationality1 who are willing to contribute to the development of ,africa4 7#c7 ,,agoa ,the term ,,agoa means the ,african ,growth and ,opportunity ,act 7#ai ,u4,s4,c4 #cgja et seq474 7#d7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,appropriations1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on ,foreign ,relations1 and the ,committee on ,finance of the ,senate2 and 7,b7 the ,committee on ,appropriations1 the ,committee on ,energy and ,commerce1 the ,committee on ,financial ,services1 the ,committee on ,foreign ,affairs1 and the ,committee on ,ways and ,means of the ,house of ,representatives4 7#e7 ,development agencies ,the term development agencies includes the ,department of ,state1 the ,united ,states ,agency for ,international ,development 7,,usaid71 the ,millennium ,challenge ,corporation 7,,mcc71 the ,overseas ,private ,investment ,corporation 7,,opic71 the ,united ,states ,trade and ,development ,agency 7,,ustda71 the ,united ,states ,department of ,agriculture 7,,usda71 and relevant multilateral development banks4 7#f7 ,trade ,policy ,staff ,committee ,the term ,trade ,policy ,staff ,committee means the ,trade ,policy ,staff ,committee established pursuant to section #bjjb4b of title #ae1 ,code of ,federal ,regulations1 and is composed of representatives of ,federal agencies in charge of developing and coordinating ,united ,states positions on international trade and trade-related investment issues4 7#g7 ,multilateral development banks ,the term multilateral development banks has the meaning given that term in section #agja7;c77#d7 of the ,international ,financial ,institutions ,act 7#bb ,u4,s4,c4 #bfbr7c77#d77 and includes the ,african ,development ,foundation4 7#h7 ,sub-,saharan region ,the term sub-,saharan region refers to the #di countries listed in section #ajg of the ,african ,growth and ,opportunity ,act 7#ai ,u4,s4,c4 #cgjf7 and includes the ,republic of ,south ,sudan4 7#i7 ,trade ,promotion ,coordinating ,committee ,the term ,trade ,promotion ,coordinating ,committee means the ,trade ,promotion ,coordinating ,committee established by ,executive ,order #abhgj 7#eh ,fed4 ,reg4 #eagec74 7#aj7 ,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 #bcja of the ,export ,enhancement ,act of #aihh 7#ae ,u4,s4,c4 #dgba74 #d4 ,strategy 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall establish a comprehensive ,united ,states strategy for public and private investment1 trade1 and development in ,africa4 7b7 ,focus of strategy ,the strategy required by subsection 7a7 shall focus on-- 7#a7 increasing exports of ,united ,states goods and services to ,africa by #bjj percent in real dollar value within #aj years from the date of the enactment of this ,act2 7#b7 promoting the alignment of ,united ,states commercial interests with development priorities in ,africa2 7#c7 developing relationships between the governments of countries in ,africa and ,united ,states businesses that have an expertise in such issues as infrastructure development1 technology1 telecommunications1 energy1 and agriculture2 7#d7 improving the competitiveness of ,united ,states businesses in ,africa1 including the role the ,african diaspora can play in enhancing such competitiveness2 7#e7 exploring ways that ,african diaspora remittances can help communities in ,africa tackle economic1 development1 and infrastructure financing needs2 7#f7 promoting economic integration in ,africa through working with the subregional economic communities1 supporting efforts for deeper integration through the development of customs unions within western and central ,africa and within eastern and southern ,africa1 eliminating time-consuming border formalities into and within these areas1 and supporting regionally based infrastructure projects2 7#g7 encouraging a greater understanding among ,united ,states business and financial communities of the opportunities ,africa holds for ,united ,states exports2 7#h7 fostering partnership opportunities between ,united ,states and ,african small- and medium-sized enterprises2 and 7#i7 monitoring-- 7,a7 market loan rates and the availability of capital for ,united ,states business investment in ,africa2 7,b7 loan rates offered by the governments of other countries for investment in ,africa2 and 7,c7 the policies of other countries with respect to export financing for investment in ,africa that are predatory or distort markets4 7c7 ,consultations ,in developing the strategy required by subsection 7a71 the ,president shall consult with-- 7#a7 ,congress2 7#b7 each agency that is a member of the ,trade ,promotion ,coordinating ,committee2 7#c7 the relevant multilateral development banks1 in coordination with the ,secretary of the ,treasury and the respective ,united ,states ,executive ,directors of such banks2 7#d7 each agency that participates in the ,trade ,policy ,staff ,committee2 7#e7 the ,president's ,national ,export ,council2 7#f7 each of the development agencies2 7#g7 any other ,federal agencies with responsibility for export promotion or financing and development2 and 7#h7 the private sector1 including businesses1 nongovernmental organizations1 and ,african diaspora groups4 7d7 ,submission to ,congress 7#a7 ,strategy ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall submit to ,congress the strategy required by subsection 7a74 7#b7 ,progress report ,not later than #c years after the date of the enactment of this ,act1 the ,president shall submit to ,congress a report on the implementation of the strategy required by subsection 7a74 7#c7 ,content of report ,the report required by paragraph 7#b7 shall include an assessment of the extent to which the strategy required by subsection 7a7-- 7,a7 has been successful in developing critical analyses of policies to increase exports to ,africa2 7,b7 has been successful in increasing the competitiveness of ,united ,states businesses in ,africa2 7,c7 has been successful in creating jobs in the ,united ,states1 including the nature and sustainability of such jobs2 7,d7 has provided sufficient ,united ,states ,government support to meet third country competition in the region2 7,e7 has been successful in helping the ,african diaspora in the ,united ,states participate in economic growth in ,africa2 7,f7 has been successful in promoting economic integration in ,africa2 and 7,g7 has made a meaningful contribution to the transformation of ,africa and its full integration into the #bast century world economy1 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 services4 #e4 ,special ,africa ,strategy ,coordinator ,the ,president shall designate an individual to serve as ,special ,africa ,export ,strategy ,coordinator-- 7#a7 to oversee the development and implementation of the strategy required by section #d2 and 7#b7 to coordinate with the ,trade ,promotion ,coordinating ,committee1 7the interagency ,,agoa committees71 and development agencies with respect to developing and implementing the strategy4 #f4 ,trade mission to ,africa ,it is the sense of ,congress that1 not later than #a year after the date of the enactment of this ,act1 the ,secretary of ,commerce and other high-level officials of the ,united ,states ,government with responsibility for export promotion1 financing1 and development should conduct a joint trade mission to ,africa4 #g4 ,personnel 7a7 ,united ,states and foreign commercial service 7#a7 ,in general ,the ,secretary of ,commerce shall ensure that not less than #aj total ,united ,states and ,foreign ,commercial ,service officers are assigned to ,africa for each of the first #e fiscal years beginning after the date of the enactment of this ,act4 7#b7 ,assignment ,the ,secretary shall1 in consultation with the ,trade ,promotion ,coordinating ,committee and the ,special ,africa ,export ,strategy ,coordinator1 assign the ,united ,states and ,foreign ,commercial ,service officers described in paragraph 7#a7 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 ,africa4 7#c7 ,multilateral development banks 7,a7 ,in general ,as soon as practicable after the date of the enactment of this ,act1 the ,secretary of ,commerce shall1 using existing staff1 assign not less than #a 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 ,bank4 7,b7 ,responsibilities ,each ,united ,states and ,foreign ,commercial ,service officer assigned under subparagraph 7,a7 shall be responsible for-- 7i7 increasing the access of ,united ,states businesses to procurement contracts with the multilateral development bank to which the officer is assigned2 and 7ii7 facilitating the access of ,united ,states businesses to risk insurance1 equity investments1 consulting services1 and lending provided by that bank4 7b7 ,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 expenses1 the ,bank shall use sufficient funds to do the following3 7#a7 ,increase the number of staff dedicated to expanding business development for ,africa1 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 #i and paragraph 7#d7 of section #f7;a7 of the ,export-,import ,bank of #aide1 as added by section #i7;a77#b74 7#b7 ,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 ,states4 ,such offices shall coordinate with the related export efforts undertaken by the ,small ,business ,administration regional field offices4 7#c7 ,upgrade the ,bank's equipment and software to more expeditiously1 effectively1 and efficiently process and track applications for financing received by the ,bank4 7c7 ,overseas ,private ,investment ,corporation 7#a7 ,staffing ,of the net offsetting collections collected by the ,overseas ,private ,investment ,corporation used for administrative expenses1 the ,corporation shall use sufficient funds to increase by not more than #e the staff needed to promote stable and sustainable economic growth and development in ,africa1 to strengthen and expand the private sector in ,africa1 and to facilitate the general economic development of ,africa1 with a particular focus on helping ,united ,states businesses expand into ,african markets4 7#b7 ,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 ,corporation4 7#c7 ,certain costs not considered administrative expenses ,for purposes of this subsection1 systems infrastructure costs associated with activities authorized by title ,,iv of chapter #b of part ,i of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bca et seq47 shall not be considered administrative expenses4 7d7 ,rule of construction ,nothing in this section shall be construed as permitting the reduction of ,department of ,commerce1 ,department of ,state1 ,export-,import ,bank1 or ,overseas ,private ,investment ,corporation personnel or the alteration of planned personnel increases in other regions1 except where a personnel decrease was previously anticipated or where decreased export opportunities justify personnel reductions4 #h4 ,training ,the ,president shall develop a plan-- 7#a7 to standardize the training received by ,united ,states and ,foreign ,commercial ,service officers1 economic officers of the ,department of ,state1 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 ,states1 the ,overseas ,private ,investment ,corporation1 the ,small ,business ,administration1 and the ,united ,states ,trade and ,development ,agency2 and 7#b7 to ensure that1 not later than #a year after the date of the enactment of this ,act-- 7,a7 all ,united ,states and ,foreign ,commercial ,service officers that are stationed overseas receive the training described in paragraph 7#a72 and 7,b7 in the case of a country to which no ,united ,states and ,foreign ,commercial ,service officer is assigned1 any economic officer of the ,department of ,state stationed in that country shall receive that training4 #i4 ,export-,import ,bank ,financing 7a7 ,financing for projects in ,africa 7#a7 ,sense of ,congress ,it is the sense of ,congress that foreign export credit agencies are providing non-,,oecd arrangement compliant financing in ,africa1 which is trade distorting and threatens ,united ,states jobs4 7#b7 ,in general ,section #f7;a7 of the ,export-,import ,bank ,act of #aide 7#ab ,u4,s4,c4 #fce;e7a77 is amended by adding at the end the following3 7#d7 ,percent of financing to be used for projects in africa ,the ,bank shall1 to the extent that there are acceptable final applications1 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 #bjac4 4 7#c7 ,report ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter for #e years1 the ,export-,import ,bank shall report to the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on ,foreign ,relations1 and the ,committee on ,appropriations of the ,senate and the ,committee on ,financial ,services1 the ,committee on ,foreign ,affairs1 and the ,committee on ,appropriations of the ,house of ,representatives if the ,bank has not used at least #aj percent of its lending capabilities for projects in ,africa as described in paragraph 7#d7 of section #f7;a7 of the ,export-,import ,bank of #aide1 as added by paragraph 7#b74 ,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 support4 7b7 ,availability of portion of capitalization ,to compete against foreign concessional loans 7#a7 ,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 preferential1 tied aid1 or other related non-market loans offered by other nations for which ,united ,states companies are also competing or interested in competing4 7#b7 ,report ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter for #e years1 the ,export-,import ,bank shall submit to the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on ,foreign ,relations1 and the ,committee on ,appropriations of the ,senate and the ,committee on ,financial ,services1 the ,committee on ,foreign ,affairs1 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 firms4 ,the report shall not disclose any information that is confidential or business proprietary1 or that would violate section #aije of title #ah1 ,united ,states ,code 7commonly referred to as the ,trade ,secrets ,act74 ,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 firms4 #aj4 ,small ,business ,administration ,section #bb7;b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fdi7;b77 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by inserting the ,trade ,promotion ,coordinating ,committee1 after ,director of the ,united ,states ,trade and ,development ,agency12 and 7#b7 in paragraph 7#c71 by inserting regional offices of the ,export-,import ,bank1 after ,retired ,executives14 #aa4 ,bilateral1 subregional and regional1 and multilateral agreements ,where applicable1 the ,president shall explore opportunities to negotiate bilateral1 subregional1 and regional agreements that encourage trade and eliminate nontariff barriers to trade between countries1 such as negotiating investor friendly double-taxation treaties and investment promotion agreements4 ,united ,states negotiators in multilateral forum should take into account the objectives of this ,act4 ,to the extent any such agreements exist between the ,united ,states and an ,african country1 the ,president shall ensure that the agreement is being implemented in a manner that maximizes the positive effects for ,united ,states trade1 export1 and labor interests as well as the economic development of the countries in ,africa4