[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1022 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1022
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
March 25, 2021
Mr. Durbin (for himself, Mr. Boozman, Mr. Inhofe, Mr. Booker, and Mr.
Cardin) introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
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 2021''.
SEC. 2. FINDINGS; PURPOSE.
(a) Findings.--Congress makes the following findings:
(1) Export growth helps United States business grow and
create United States jobs. Ninety-eight percent of United
States exports came from approximately 300,000 small- and
medium-sized businesses supporting 4,000,000 United States
jobs.
(2) In a February 5, 2021, message to an African leaders
meeting at the African Union Summit, President Joseph R. Biden
reaffirmed the United States relationship with African
countries as partners in the continent-wide spirit of
entrepreneurship and innovation.
(3) Many countries have trade-distorting export promotion
programs that aggressively subsidize exports to Africa and
other countries around the world. In 2019, there were 115 known
official export credit providers around the world, including
export credit agencies, up from 85 in 2015--a 35 percent
increase from 2015 to 2019. The increasing investment by
foreign governments into export credit can threaten
competitiveness of United States businesses abroad.
(4) Between 2008 and 2019, the People's Republic of China
alone provided more than $462,000,000,000 in loans to the
developing world, and, in 2009, the People's Republic of China
surpassed the United States as the leading trade partner of
African countries. The Export-Import Bank of the United States
reports the People's Republic of China's export finance
activity is larger than all the other export credit agencies in
the Group of 7 countries combined, making the People's Republic
of China the world's largest official creditor with a portfolio
more than twice the size of the World Bank and International
Monetary Fund combined.
(5) The Export-Import Bank of the United States supported
$12,400,000,000 worth of transactions to sub-Saharan Africa
from 2009 to 2019, while in 2018, the People's Republic of
China made up 22 percent of public debt stock, and, in 2020,
the People's Republic of China made up 29 percent of debt
service in low-income countries in Africa. The People's
Republic of China accounts for a quarter or more of all public
and publicly guaranteed debt in Angola, Djibouti, Cameroon, the
Republic of the Congo, Ethiopia, Kenya, and Zambia.
(6) The practice of the People's Republic of China of
concessional financing runs contrary to the principles of the
Organisation for Economic Co-operation and Development related
to open market rates, undermines naturally competitive rates,
and incentivizes governments in Africa to overlook the People's
Republic of China's troubling record on labor practices, human
rights, and environmental impact.
(7) Sixty percent of Africa's approximately 1,250,000,000
people are under the age of 25, and by the year 2050, one-third
of global youth will be in sub-Saharan Africa. By 2030, Africa
will have 17 cities with more than 5,000,000 inhabitants, as
well as 90 cities with populations of at least 1,000,000. Both
are factors contributing to rising household consumption
predicted to reach approximately $2,500,000,000,000 by 2030.
(8) When countries such as the People's Republic of China
assist with large-scale government projects, they often gain
access to valuable commodities such as oil and copper,
typically without regard to environmental, human rights, labor,
or governance standards.
(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) 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.
(4) Development agencies.--The term ``development
agencies'' includes the United States Department of State, the
United States Agency for International Development, the
Millennium Challenge Corporation, the United States
International Development Finance Corporation, the United
States Trade and Development Agency, the United States
Department of Agriculture, and relevant multilateral
development banks.
(5) 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.
(6) 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).
(7) 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, which is composed of representatives of
Federal agencies in charge of developing and coordinating
United States positions on international trade and trade-
related investment issues.
(8) Trade promotion coordinating committee.--The term
``Trade Promotion Coordinating Committee'' means the Trade
Promotion Coordinating Committee established under section 2312
of the Export Enhancement Act of 1988 (15 U.S.C. 4727).
(9) 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 critical energy security,
infrastructure development, technology, telecommunications, and
agriculture;
(4) improving the competitiveness of United States
businesses in Africa, including by encouraging the adoption of
United States construction codes and product standards, with
emphasis on those designated as American National Standards by
the American National Standards Institute where applicable;
(5) exploring the role the African diaspora can play in
enhancing competitiveness of United States businesses in Africa
and 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;
(9) supporting African entrepreneurship and private sector
development as a means to sustainable economic growth and
security; and
(10) 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 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 accounting of all current United States
Government programs to promote exports to and trade with Africa
and to assist United States businesses competing in the African
market as well as 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;
(G) has encouraged specific policies and programs
in Africa that provide a stable, safe, and transparent
environment in which business and entrepreneurship can
thrive; and
(H) 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 EXPORT 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 Assistant United States Trade Representative for
African Affairs, 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 or consulates 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 be split between 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 (5) 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) United States International Development Finance Corporation.--
(1) Staffing.--Of the net offsetting collections collected
by the United States International Development Finance
Corporation and used for administrative expenses, the
Corporation shall use sufficient funds to increase by not more
than 2 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 the Better Utilization
of Investments Leading to Development Act of 2018 (22 U.S.C.
9601 et seq.) shall not be considered administrative expenses.
(d) Rule of Construction.--Nothing in this section shall be
construed as permitting the reduction of personnel of the Department of
Commerce, the Department of State, the Export-Import Bank of the United
States, or the United States International Development Finance
Corporation 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 United States International Development Finance
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 receives 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 financing in
Africa that is not compliant with the Arrangement of the
Organisation for Economic Co-operation and Development, 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:
``(5) 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
5 fiscal years beginning after the date of the enactment of the
Increasing American Jobs Through Greater Exports to Africa Act
of 2021.''.
(3) Report required.--
(A) In general.--Not later than 1 year after the
date of the enactment of this Act, and annually
thereafter for 5 years, the Export-Import Bank of the
United States shall submit to the committees specified
in subsection (d) a report if the Bank has not used at
least 10 percent of its lending capabilities for
projects in Africa as described in paragraph (5) of
section 6(a) of the Export-Import Bank of 1945, as
added by paragraph (2), during the preceding year.
(B) Elements.--Each report required by subparagraph
(A) shall include a description of--
(i) the reasons why the Bank failed to
reach the goal described in that subparagraph;
and
(ii) all final applications for projects in
Africa that the Bank did not 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 financing that is not compliant with the Arrangement
of the Organisation for Economic Co-operation and Development
or preferential, tied aid, or other related non-market loans
offered by other countries with which United States businesses
are also competing or interested in competing.
(2) Report required.--
(A) In general.--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 committees specified in subsection (d) a
report on all loans made or rejected by the Bank during
the preceding year that were considered to counter
trade-distorting financing that is not compliant with
the Arrangement of the Organisation for Economic Co-
operation and Development and was offered by other
countries to its firms.
(B) Inclusion.--Each report required by
subparagraph (A) shall include a description of the
terms of the financing described in that subparagraph
offered by other countries to firms that competed
against the United States firms.
(c) Trade Secrets Act.--A report required by subsection (a)(3) or
subsection (b)(2) may 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'').
(d) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Financial Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
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 striking
``Director of the United States Trade and Development Agency,''
and inserting ``the Director of the United States Trade and
Development Agency, the Trade Promotion Coordinating
Committee,''; and
(2) in paragraph (3), by inserting ``regional offices of
the Export-Import Bank of the United States,'' after ``Retired
Executives,''.
SEC. 11. BILATERAL, SUBREGIONAL, AND REGIONAL, AND MULTILATERAL
AGREEMENTS.
(a) In General.--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.
(b) Agreements With African Countries.--To the extent any agreement
described in subsection (a) exists 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.
(c) Consideration of Objectives.--United States negotiators in
multilateral fora should take into account the objectives of this Act.
<all>
Increasing American Jobs Through Greater Exports to Africa Act of 2021
#1022 | S Congress #117
Policy Area: Foreign Trade and International Finance
Subjects: AfricaBuilding constructionBusiness investment and capitalCompetitiveness, trade promotion, trade deficitsComputers and information technologyCongressional oversightDiplomacy, foreign officials, Americans abroadEconomic developmentExport-Import Bank of the United StatesFederal officialsFree trade and trade barriersGovernment corporations and government-sponsored enterprisesGovernment lending and loan guaranteesInfrastructure developmentInterest, dividends, interest ratesMultilateral development programsProduct safety and qualityPublic contracts and procurementSmall Business Administration
Last Action: Read twice and referred to the Committee on Banking, Housing, and Urban Affairs. (text: CR S1826-1828) (3/25/2021)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text