S.Amdt. 3311

This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.

SA 3311. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill S. 3637, to temporarily extend the transaction account
guarantee program, and for other purposes; which was ordered to lie on
the table.

       On page 4, after line 20, add the following:

  TITLE II--INCREASING AMERICAN JOBS THROUGH GREATER EXPORTS TO AFRICA

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Increasing American Jobs
     Through Greater Exports to Africa Act of 2012''.

     SEC. 202. PURPOSE.

       The purpose of this title 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. 203. DEFINITIONS.

       In this title:
       (1) Africa.--The term ``Africa'' refers to the entire
     continent of Africa and its 54 countries, including the
     Republic of South Sudan.
       (2) African diaspora.--The term ``African diaspora'' means
     the people of African origin living in the United States,
     irrespective of their citizenship and nationality, who are
     willing to contribute to the development of Africa.
       (3) AGOA.--The term ``AGOA'' means the African Growth and
     Opportunity Act (19 U.S.C. 3701 et seq.).
       (4) Appropriate congressional committees.--The term
     ``appropriate congressional committees'' means--
       (A) the Committee on Appropriations, the Committee on
     Banking, Housing, and Urban Affairs, the Committee on Foreign
     Relations, and the Committee on Finance of the Senate; and
       (B) the Committee on Appropriations, the Committee on
     Energy and Commerce, the Committee on Financial Services, the
     Committee on Foreign Affairs, and the Committee on Ways and
     Means of the House of Representatives.
       (5) Development agencies.--The term ``development
     agencies'' includes the Department of State, the United
     States Agency for International Development (USAID), the
     Millennium Challenge Corporation (MCC), the Overseas Private
     Investment Corporation (OPIC), the United States Trade and
     Development Agency (USTDA), the United States Department of
     Agriculture (USDA), and relevant multilateral development
     banks.
       (6) Trade policy staff committee.--The term ``Trade Policy
     Staff Committee'' means the Trade Policy Staff Committee
     established pursuant to section 2002.2 of title 15, Code of
     Federal Regulations, and is composed of representatives of
     Federal agencies in charge of developing and coordinating
     United States positions on international trade and trade-
     related investment issues.
       (7) Multilateral development banks.--The term
     ``multilateral development banks'' has the meaning given that
     term in section 1701(c)(4) of the International Financial
     Institutions Act (22 U.S.C. 262r(c)(4)) and includes the
     African Development Foundation.
       (8) Sub-saharan region.--The term ``sub-Saharan region''
     refers to the 49 countries listed in section 107 of the
     African Growth and Opportunity Act (19 U.S.C. 3706) and
     includes the Republic of South Sudan.
       (9) Trade promotion coordinating committee.--The term
     ``Trade Promotion Coordinating Committee'' means the Trade
     Promotion Coordinating Committee established by Executive
     Order 12870 (58 Fed. Reg. 51753).
       (10) United states and foreign commercial service.--The
     term ``United States and Foreign Commercial Service'' means
     the United States and Foreign Commercial Service established
     by section 2301 of the Export Enhancement Act of 1988 (15
     U.S.C. 4721).

     SEC. 204. STRATEGY.

       (a) In General.--Not later than 180 days after the date of
     the enactment of this Act, the President shall establish a
     comprehensive United States strategy for public and private
     investment, trade, and development in Africa.
       (b) Focus of Strategy.--The strategy required by subsection
     (a) shall focus on--
       (1) increasing exports of United States goods and services
     to Africa by 200 percent in real dollar value within 10 years
     from the date of the enactment of this Act;
       (2) promoting the alignment of United States commercial
     interests with development priorities in Africa;
       (3) developing relationships between the governments of
     countries in Africa and United States businesses that have an
     expertise in such issues as infrastructure development,
     technology, telecommunications, energy, and agriculture;
       (4) improving the competitiveness of United States
     businesses in Africa, including the role the African diaspora
     can play in enhancing such competitiveness;
       (5) exploring ways that African diaspora remittances can
     help communities in Africa tackle economic, development, and
     infrastructure financing needs;
       (6) promoting economic integration in Africa through
     working with the subregional economic communities, supporting
     efforts for deeper integration through the development of
     customs unions within western and

[[Page S7705]]

     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; and
       (8) monitoring--
       (A) market loan rates and the availability of capital for
     United States business investment in Africa;
       (B) loan rates offered by the governments of other
     countries for investment in Africa; and
       (C) the policies of other countries with respect to export
     financing for investment in Africa that are predatory or
     distort markets.
       (c) Consultations.--In developing the strategy required by
     subsection (a), the President shall consult with--
       (1) Congress;
       (2) each agency that is a member of the Trade Promotion
     Coordinating Committee;
       (3) the relevant multilateral development banks, in
     coordination with the Secretary of the Treasury and the
     respective United States Executive Directors of such banks;
       (4) each agency that participates in the Trade Policy Staff
     Committee;
       (5) the President's National Export Council;
       (6) each of the development agencies;
       (7) any other Federal agencies with responsibility for
     export promotion or financing and development; and
       (8) the private sector, including businesses,
     nongovernmental organizations, and African diaspora groups.
       (d) Submission to Congress.--
       (1) Strategy.--Not later than 180 days after the date of
     the enactment of this Act, the President shall submit to
     Congress the strategy required by subsection (a).
       (2) Progress report.--Not later than 3 years after the date
     of the enactment of this Act, the President shall submit to
     Congress a report on the implementation of the strategy
     required by subsection (a).
       (3) Content of report.--The report required by paragraph
     (2) shall include an assessment of the extent to which the
     strategy required by subsection (a)--
       (A) has been successful in developing critical analyses of
     policies to increase exports to Africa;
       (B) has been successful in increasing the competitiveness
     of United States businesses in Africa;
       (C) has been successful in creating jobs in the United
     States, including the nature and sustainability of such jobs;
       (D) has provided sufficient United States Government
     support to meet third country competition in the region;
       (E) has been successful in helping the African diaspora in
     the United States participate in economic growth in Africa;
       (F) has been successful in promoting economic integration
     in Africa; and
       (G) has made a meaningful contribution to the
     transformation of Africa and its full integration into the
     21st century world economy, not only as a supplier of primary
     products but also as full participant in international supply
     and distribution chains and as a consumer of international
     goods and services.

     SEC. 205. SPECIAL AFRICA STRATEGY COORDINATOR.

       The President shall designate an individual to serve as
     Special Africa Export Strategy Coordinator--
       (1) to oversee the development and implementation of the
     strategy required by section 204; and
       (2) to coordinate with the Trade Promotion Coordinating
     Committee, (the interagency AGOA committees), and development
     agencies with respect to developing and implementing the
     strategy.

     SEC. 206. 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. 207. PERSONNEL.

       (a) United States and Foreign Commercial Service.--
       (1) In general.--The Secretary of Commerce shall ensure
     that not less than 12 total United States and Foreign
     Commercial Service officers are assigned to Africa for each
     of the first 5 fiscal years beginning after the date of the
     enactment of this Act.
       (2) Assignment.--The Secretary shall, in consultation with
     the Trade Promotion Coordinating Committee and the Special
     Africa Export Strategy Coordinator, assign the United States
     and Foreign Commercial Service officers described in
     paragraph (1) to United States embassies in Africa after
     conducting a timely resource allocation analysis that
     represents a forward-looking assessment of future United
     States trade opportunities in Africa.
       (3) Multilateral development banks.--
       (A) In general.--As soon as practicable after the date of
     the enactment of this Act, the Secretary of Commerce shall
     assign not less than 1 full-time United States and Foreign
     Commercial Service officer to the office of the United States
     Executive Director at the World Bank and the African
     Development Bank.
       (B) Responsibilities.--Each United States and Foreign
     Commercial Service officer assigned under subparagraph (A)
     shall be responsible for--
       (i) increasing the access of United States businesses to
     procurement contracts with the multilateral development bank
     to which the officer is assigned; and
       (ii) facilitating the access of United States businesses to
     risk insurance, equity investments, consulting services, and
     lending provided by that bank.
       (b) Export-Import Bank of the United States.--Of the
     amounts collected by the Export-Import Bank that remain after
     paying the expenses the Bank is authorized to pay from such
     amounts for administrative expenses, the Bank shall use
     sufficient funds to do the following:
       (1) Increase the number of staff dedicated to expanding
     business development for Africa, including increasing the
     number of business development trips the Bank conducts to
     Africa and the amount of time staff spends in Africa to meet
     the goals set forth in section 209 and paragraph (4) of
     section 6(a) of the Export-Import Bank of 1945, as added by
     section 209(a)(2).
       (2) Maintain an appropriate number of employees of the Bank
     assigned to United States field offices of the Bank to be
     distributed as geographically appropriate through the United
     States. Such offices shall coordinate with the related export
     efforts undertaken by the Small Business Administration
     regional field offices.
       (3) Upgrade the Bank's equipment and software to more
     expeditiously, effectively, and efficiently process and track
     applications for financing received by the Bank.
       (c) Overseas Private Investment Corporation.--
       (1) Staffing.--Of the net offsetting collections collected
     by the Overseas Private Investment Corporation used for
     administrative expenses, the Corporation shall use sufficient
     funds to increase by not more than 5 the staff needed to
     promote stable and sustainable economic growth and
     development in Africa, to strengthen and expand the private
     sector in Africa, and to facilitate the general economic
     development of Africa, with a particular focus on helping
     United States businesses expand into African markets.
       (2) Report.--The Corporation shall report to the
     appropriate congressional committees on whether recent
     technology upgrades have resulted in more effective and
     efficient processing and tracking of applications for
     financing received by the Corporation.
       (d) Rule of Construction.--Nothing in this section shall be
     construed as permitting the reduction of Department of
     Commerce, Department of State, Export Import Bank, or
     Overseas Private Investment Corporation personnel or the
     alteration of planned personnel increases in other regions,
     except where a personnel decrease was previously anticipated
     or where decreased export opportunities justify personnel
     reductions.

     SEC. 208. TRAINING.

       The President shall develop a plan--
       (1) to standardize the training received by United States
     and Foreign Commercial Service officers, economic officers of
     the Department of State, and economic officers of the United
     States Agency for International Development with respect to
     the programs and procedures of the Export-Import Bank of the
     United States, the Overseas Private Investment Corporation,
     the Small Business Administration, and the United States
     Trade and Development Agency; and
       (2) to ensure that, not later than 1 year after the date of
     the enactment of this Act--
       (A) all United States and Foreign Commercial Service
     officers that are stationed overseas receive the training
     described in paragraph (1); and
       (B) in the case of a country to which no United States and
     Foreign Commercial Service officer is assigned, any economic
     officer of the Department of State stationed in that country
     shall receive that training.

     SEC. 209. EXPORT-IMPORT BANK FINANCING.

       (a) Financing for Projects in Africa.--
       (1) Sense of congress.--It is the sense of Congress that
     foreign export credit agencies are providing non-OECD
     arrangement compliant financing in Africa, and that in order
     to counter such actions and ensure United States jobs, the
     Export-Import Bank should provide timely financing to meet
     such terms, as appropriate.
       (2) In general.--Section 6(a) of the Export-Import Bank Act
     of 1945 (12 U.S.C. 635e(a)) is amended by adding at the end
     the following:
       ``(4) Percent of financing to be used for projects in
     africa.--The Bank shall, to the extent that there are
     acceptable final applications, increase the amount it
     finances to Africa over the prior year's financing for each
     of the first five fiscal years beginning after the date of
     the enactment of the Increasing American Jobs Through Greater
     Exports to Africa Act of 2012.''.
       (3) Report.--Not later than 1 year after the date of the
     enactment of this Act, and annually thereafter for 5 years,
     the Export-Import Bank shall report to the Committee on
     Banking, Housing, and Urban Affairs, the Committee on Foreign
     Relations, and the Committee on Appropriations of the Senate
     and the Committee on Financial Services, the Committee on
     Foreign Affairs, and the Committee on Appropriations of the
     House of Representatives if the Bank has not used at least 10
     percent of its lending capabilities for projects in Africa as
     described in paragraph (4) of section 6(a) of the Export-
     Import

[[Page S7706]]

     Bank of 1945, as added by paragraph (2). The report shall
     include the reasons why the Bank failed to reach this goal
     and a description of all final applications for projects in
     Africa that were deemed unworthy of Bank support.
       (b) Availability of Portion of Capitalization To Compete
     Against Foreign Concessional Loans.--
       (1) In general.--The Bank shall make available annually
     such amounts as are necessary for loans that counter trade
     distorting non-OECD arrangement compliant financing or
     preferential, tied aid, or other related non-market loans
     offered by other nations for which United States companies
     are also competing or interested in competing.
       (2) Report.--Not later than 1 year after the date of the
     enactment of this Act, and annually thereafter for 5 years,
     the Export-Import Bank shall report to the Committee on
     Banking, Housing, and Urban Affairs, the Committee on Foreign
     Relations, and the Committee on Appropriations of the Senate
     and the Committee on Financial Services, the Committee on
     Foreign Affairs, and the Committee on Appropriations of the
     House of Representatives if the Bank has not used at least
     $250,000,000 annually for loans that counter non-OECD
     arrangement compliant financing offered by other nations to
     its firms, as described in paragraph (1). The report shall
     not disclose any information that is confidential or business
     proprietary, or that would violate section 1905 of title 18,
     United States Code (commonly referred to as the ``Trade
     Secrets Act''). The report shall include--
       (A) a description of trade distorting non-OECD arrangement
     compliant financing loans made by other countries during that
     fiscal year to firms that competed against United States
     firms;
       (B) a description of any similar completed applications
     from United States firms that were denied by the Bank and the
     reason for such denial; and
       (C) a description of any completed applications for tied
     aid that were denied for financing by the Bank and an
     explanation of why the applications were denied.

     SEC. 210. SMALL BUSINESS ADMINISTRATION.

       Section 22(b) of the Small Business Act (15 U.S.C. 649(b))
     is amended--
       (1) in the matter preceding paragraph (1), by inserting
     ``the Trade Promotion Coordinating Committee,'' after
     ``Director of the United States Trade and Development
     Agency,''; and
       (2) in paragraph (3), by inserting ``regional offices of
     the Export-Import Bank,'' after ``Retired Executives,''.

     SEC. 211. BILATERAL, SUBREGIONAL AND REGIONAL, AND
                   MULTILATERAL AGREEMENTS.

       Where applicable, the President shall explore opportunities
     to negotiate bilateral, subregional, and regional agreements
     that encourage trade and eliminate nontariff barriers to
     trade between countries, such as negotiating investor
     friendly double-taxation treaties and investment promotion
     agreements. United States negotiators in multilateral forum
     should take into account the objectives of this title. To the
     extent any such agreements exist between the United States
     and an African country, the President shall ensure that the
     agreement is being implemented in a manner that maximizes the
     positive effects for United States trade, export, and labor
     interests as well as the economic development of the
     countries in Africa.

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