109th CONGRESS
2d Session
H. R. 5480
To promote economic diversification, entrepreneurship, and private
sector development in Africa, and to promote partnerships among small and
medium enterprises in the United States and the African private sector in
qualified sub-Saharan African countries.
IN THE HOUSE OF REPRESENTATIVES
May 25, 2006
Mr. MCDERMOTT (for himself, Mr. LANTOS, Mr. RANGEL, Mr. PAYNE, Mr. ENGLISH
of Pennsylvania, Ms. MCCOLLUM of Minnesota, Mr. JEFFERSON, Mr. BERMAN, Mr.
DOGGETT, Ms. MILLENDER-MCDONALD, Mr. MEEKS of New York, Mr. MCNULTY, Mr.
MCGOVERN, Ms. BORDALLO, Ms. WATSON, Ms. CORRINE BROWN of Florida, Ms. EDDIE
BERNICE JOHNSON of Texas, Mr. GONZALEZ, Mr. MILLER of North Carolina, and
Ms. JACKSON-LEE of Texas) introduced the following bill; which was referred
to the Committee on International Relations, and in addition to the Committees
on Ways and Means, Small Business, and Financial Services, for a period
to be subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To promote economic diversification, entrepreneurship, and private
sector development in Africa, and to promote partnerships among small and
medium enterprises in the United States and the African private sector in
qualified sub-Saharan African countries.
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 `African Entrepreneurship Act of 2006'.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Organization for Economic Co-operation and Development
(OECD), the economies of sub-Saharan African countries have registered
their highest overall growth in eight years--more than five percent in
2004--due to rising global commodity prices, the expansion of production
in oil-producing sub-Saharan African countries, and prudent macro-economic
policies.
(2) While economic liberalization has reduced the involvement of governments
of sub-Saharan African countries in the economic sector, it has not resulted
in improved credit delivery to finance domestic businesses, particularly
small and medium enterprises in sub-Saharan African countries, in the
private sector.
(3) Increasingly, governments of sub-Saharan African countries are making
concerted efforts to investigate corruption, prosecute corrupt officials,
and recover public funds through the creation of agencies such as the
Economic and Financial Crimes Commission in Nigeria, the Serious Fraud
Office in Ghana, the Federal Ethics and Anticorruption Commission in Ethiopia,
and the Anticorruption Commission in Zambia.
(4) A major challenge for sub-Saharan African countries is to productively
invest their own capital to expand domestic business ownership and create
employment, particularly for youth, in order to promote broad and sustainable
economic growth and democracy.
(5) While the microenterprise movement has shown itself to be an important
generator of self-employment, research and experience throughout sub-Saharan
Africa also have proven that small and medium enterprises are the greatest
catalyst for job creation, skills transfer, and wealth creation in sub-Saharan
Africa.
(6) Although small and medium enterprises in sub-Saharan African countries
make up the largest portion of the formal economy in sub-Saharan African
countries, the average annual contribution of investments of such small
and medium enterprises to growth in the gross domestic product of sub-Saharan
African countries by proportion declined from an average of 14 percent
in the 1970s, to 13 percent in the 1980s, and to 12 percent in the first
half of the 1990s, while during the same period, the proportion of gross
domestic product investment by small and medium enterprises in other developing
regions increased.
(7) Many retail banks avoid lending to small and medium enterprises in
sub-Saharan African countries or engage in predatory lending practices,
considering such small and medium enterprises as presenting a high credit
default risk and as costly to administer, and instead concentrate on providing
credit to larger local or international firms or on holding high-yield
government bonds.
(8) This approach harms the prospects for sustainable private sector development
by ignoring the necessity of a bottom-up capital formation--a key factor
in creating jobs which is necessary to reduce poverty and income inequalities.
(9) Governments of sub-Saharan African countries must develop the fiscal
policies, economic institutions, legal frameworks, labor market protections,
commercial infrastructures, and lending practices to create and manage
competitive business environments for investors in small and medium enterprises
in sub-Saharan African countries. Further, small and medium enterprises
in sub-Saharan African countries must acquire the business skills, expertise,
and capital financing necessary to manage successful businesses.
(10) The innovative trade capacity building efforts underway with African
nations through the United States Agency for International Development's
Regional Trade Hubs enable African economies to become better integrated
into regional and global markets to take advantage of trade opportunities
afforded by the African Growth and Opportunity Act (19 U.S.C. 3701 et
seq.). These efforts can be further augmented by providing technical assistance
to small and medium enterprises, to help diversify and grow the economies
of sub-Saharan Africa.
(11) The experience of United States private volunteer organizations shows
that deliberately targeting the capacity of small and medium enterprises,
including farmers' cooperatives and rural businesses, to access and participate
in local, national, and regional markets effectively builds the capacity
of small and medium enterprises to participate in export markets.
(12) A World Bank study estimates that countries chiefly exporting a single
commodity, such as oil, may be 22 times more likely have a civil war break
out than a country with a diverse mix of exports.
(13) By the year 2015, it is estimated that 25 percent of United States
oil imports will originate in sub-Saharan Africa, making the political
and economic stability of the region of paramount importance to United
States national security. Recent incidents of violence and the recurrent
disruption of oil production, including, for example, in the Niger Delta
of Nigeria, highlight the need to work closely with local communities
to create jobs and spread the benefits of the global economy to local
residents. Many oil corporations have established local content programs
to provide contracting opportunities to indigenous business leaders, but
many of these business people lack the skills necessary to benefit from
the highly profitable business projects available to them.
SEC. 3. SENSE OF CONGRESS; DECLARATION OF POLICY.
(a) Sense of Congress- It is the sense of Congress that in an increasingly
competitive global environment driven by transformations in technology,
communications, transportation, finance, production, labor markets, sub-Saharan
African countries should develop a strong and diverse private sector, particularly
small and medium enterprises, to be full participants in the global economy.
(b) Declaration of Policy- It shall be the policy of the Government of the
United States to make available for private sector development in sub-Saharan
African countries professional, technical, and other resources for capacity-building
for retail banks and small and medium enterprises, including farmers' cooperatives
and businesses, to promote entrepreneurship and economic and export diversification,
to expand the formal sector, and to increase trade under the African Growth
and Opportunity Act (19 U.S.C. 3701 et seq.) of exports from Africa to the
United States and trade among sub-Saharan African countries.
SEC. 4. AFRICAN ECONOMIC DIVERSIFICATION FINANCING RATE.
(a) In General- Subsection (c) of section 4611 of the Internal Revenue Code
of 1986 is amended--
(1) in paragraph (1), by striking `and' in subparagraph (A), by striking
the period and inserting `, and' in subparagraph (B), and by adding at
the end the following new subparagraph:
`(C) the African Economic Diversification Fund financing rate.', and
(2) in paragraph (2), by striking `and' in subparagraph (A), by striking
the period and inserting `, and' in subparagraph (B), and by adding at
the end the following new subparagraph:
`(C) the African Economic Diversification Fund financing rate is, with
respect to a petroleum product, the column 1 general rate of duty under
the Harmonized Tariff Schedule of the United States that applies to
such petroleum product.'.
(b) Application of African Economic Diversification Fund Financing Rate-
Section 4611 of such Code (relating to environmental tax on petroleum) is
amended by adding at the end the following new subsection:
`(g) Application of African Economic Diversification Fund Financing Rate-
`(1) IN GENERAL- The African Economic Diversification Fund financing rate
shall apply only to petroleum products entered into the United States
directly from a beneficiary sub-Saharan African country described in section
506A(c) of the Trade Act of 1974.
`(2) TERMINATION- The African Economic Diversification Fund financing
rate shall not apply after December 31, 2011.'.
(c) Effective Date- The amendments made by this section shall apply to taxable
years beginning after December 31, 2006.
SEC. 5. AFRICAN ECONOMIC DIVERSIFICATION FUND.
(a) Creation of Trust Fund- Subchapter A of chapter 98 of the Internal Revenue
Code of 1986 is amended by inserting at the end the following new section:
`SEC. 9511. AFRICAN ECONOMIC DIVERSIFICATION FUND.
`(a) Creation of Trust Fund- There is established in the Treasury of the
United States a trust fund to be known as the `African Economic Diversification
Fund', consisting of such amounts as may be appropriated or credited to
the African Economic Diversification Fund.
`(b) Transfer of Certain Taxes- There are hereby appropriated to the African
Economic Diversification Fund amounts equivalent to the taxes received in
the Treasury under section 4611 (relating to environmental tax on petroleum)
to the extent attributable to the African Economic Diversification Fund
financing rate under section 4611(c).
`(c) Expenditures- Amounts in the African Economic Diversification Fund
shall be available, as provided by appropriation Acts, only for purposes
of making the following expenditures--
`(1) DEPARTMENT OF AGRICULTURE- Expenditures related to personnel and
technical assistance provided by the Secretary of Agriculture, through
the Foreign Agriculture Service, for the purpose of--
`(A) developing and facilitating value-added agricultural processing
activities, as determined by the Secretary of Agriculture, in qualified
sub-Saharan African countries,
`(B) developing a comprehensive plan for the expansion and diversification
of agricultural trade between qualified sub-Saharan African countries
and the United States under the African Growth and Opportunity Act and
among sub-Saharan African countries,
`(C) arranging trade and investment missions to qualified sub-Saharan
African countries to generate joint venture investment and joint venture
marketing agreements between farmers in the United States and qualified
sub-Saharan African countries, and
`(D) improving market access for United States agricultural products
and equipment in qualified sub-Saharan African countries by--
`(i) strengthening the capacity of agricultural producer organizations
in qualified sub-Saharan African countries to identify agricultural
equipment and supply needs,
`(ii) working with United States financial institutions to increase
the number of such financial institutions that cooperate with the
Supplier Credit Guarantee Program,
`(iii) working with financial institutions in qualified sub-Saharan
African countries to remove obstacles that inhibit fuller implementation
of the Export Credit Guarantee and Intermediate Export Credit Guarantee
programs, and
`(iv) facilitating access for ports of entry and warehouse facilities
in qualified sub-Saharan African countries to the Facilities Guarantee
Program.
`(2) SMALL BUSINESS ADMINISTRATION- Expenditures related to carrying out
the 21st Century African Entrepreneurs Program, established pursuant to
section 22(g) of the Small Business Act, in qualified sub-Saharan African
countries.
`(3) DEPARTMENT OF COMMERCE- Expenditures related to personnel and technical
assistance provided by the Secretary of Commerce for the purpose of--
`(A) promoting business partnerships between entrepreneurs in the United
States and in qualified sub-Saharan African countries,
`(B) hosting conferences and initiating 2-way trade missions to discover
and encourage opportunities for private sector cooperation between the
United States and qualified sub-Saharan African countries,
`(C) helping United States firms fully understand the risks and benefits
of doing business in qualified sub-Saharan African countries and developing
tools and mechanisms to reduce such risks and enhance such benefits,
`(D) facilitating the transfer of United States commercial and manufacturing
technology to qualified sub-Saharan African countries for the purposes
of expanding commercial opportunities,
`(E) promoting the establishment of lending programs of financial institutions
for qualified small and medium African enterprises by establishing effective
credit risk management systems to improve the quality of the assets
of such financial institutions and the ability of such financial institutions
to research and assess overall credit risk, and
`(F) promoting the development of qualified small and medium African
enterprises that are located in rural and peri-urban areas by carrying
out capacity-building activities for microenterprise business associations
and microfinance networks.
`(4) U.S.-AFRICA PRIVATE SECTOR ADVISORY COUNCIL AND AFRICAN DEVELOPMENT
BANK- Expenditures related to carrying out sections 7 and 8 of the African
Entrepreneurship Act of 2006.
`(5) UNITED STATES TRADE REPRESENTATIVE- Expenditures related to activities
by the United States Trade Representative to convene trade capacity building
programs in qualified sub-Saharan African countries to provide technical
assistance aimed to increase international trade under the African Growth
and Opportunity Act.
`(d) Definitions- For purposes of this section--
`(1) QUALIFIED SUB-SAHARAN AFRICAN COUNTRY- The term `qualified sub-Saharan
African country' means a beneficiary sub-Saharan African country described
in section 506A(c) of the Trade Act of 1974.
`(2) QUALIFIED SMALL AND MEDIUM AFRICAN ENTERPRISE- The term `qualified
small and medium African enterprise' means a business in a qualified sub-Saharan
African country that meets the standards developed for such country by
the Administrator of the Small Business Administration, in cooperation
with the Administrator of the United States Agency for International Development,
pursuant to section 22(g)(4) of the Small Business Act.'.
(b) Clerical Amendment- The table of sections for subchapter A of chapter
98 of such Code is amended by inserting at the end the following new item:
`Sec. 9511. African Economic Diversification Fund.'.
(c) Effective Date- The amendments made by this section shall apply to taxable
years beginning after December 31, 2006.
SEC. 6. 21ST CENTURY AFRICAN ENTREPRENEURS PROGRAM.
Section 22 of the Small Business Act (15 U.S.C. 649) is amended by adding
at the end the following new subsection:
`(g) African Entrepreneurs Program-
`(1) ESTABLISHMENT- The Administrator shall establish in the Office of
International Trade a program to be known as the `21st Century African
Entrepreneurs Program' to provide assistance to qualified small and medium
African enterprises.
`(2) AFRICAN ENTREPRENEURS PROGRAM CENTERS-
`(A) ESTABLISHMENT OF CENTERS- As part of the program established under
paragraph (1), the Administrator shall establish not less than three
African Entrepreneurs Program Centers during each of fiscal years 2007
through 2012. The Administrator shall establish the Centers in central
and accessible places in qualified sub-Saharan African countries.
`(B) FUNCTIONS- The function of each African Entrepreneurs Program Center
established under subparagraph (A) is to provide information and guidance
to qualified small and medium African enterprises, including--
`(i) providing quality training, counseling, and access to financial
resources to enable qualified small and medium African enterprises
to present well-developed business plans to banks in qualified sub-Saharan
African countries for the purpose of accessing capital;
`(ii) providing counseling, training, and technical assistance in
all aspects of small business management, including marketing and
production, to qualified small and medium African enterprises;
`(iii) providing management assistance to current and prospective
owners of qualified small and medium African enterprises;
`(iv) partnering with banks in qualified sub-Saharan African countries,
the United States Agency for International Development (specifically
the Development Credit Account), the Department of the Treasury, and
international financial institutions, such as the World Bank and the
African Development Bank, to provide loan guarantees to financial
institutions in qualified sub-Saharan African countries that make
loans to qualified small and medium African enterprises;
`(v) developing programs to help qualified small and medium African
enterprises to understand export opportunities that may exist, an
in particular, to understand trade preferences available to businesses
located in qualified sub-Saharan African countries; and
`(vi) reaching out particularly to current and prospective women entrepreneurs
to provide assistance relating to launching or growing a small business,
and implementing the model of the women's business centers under section
29, with regard to services and assistance provided.
`(i) DIRECTOR; STAFF- Each African Entrepreneurs Program Center established
under subparagraph (A) shall have a director and staff.
`(ii) VOLUNTEERS; PART-TIME STAFF- The director of an African Entrepreneurs
Program Center may hire volunteers or part-time staff, as the director
finds appropriate.
`(iii) CONSULTANTS- The director of an African Entrepreneurs Program
Center may hire a consultant or engineer or pay for the use of a testing
laboratory, if the consultant, engineer, or laboratory is necessary
to provide assistance to a qualified small and medium African enterprises
that is in need of specialized expertise and that requests assistance
from the Center.
`(D) ADVISORY COMMITTEE- For each country in which the Administrator
establishes an African Entrepreneurs Program Center, the Administrator
shall establish an advisory committee made up of members from the private
sector for the purpose of obtaining input and advice from the members
on how the Center may best serve the needs of qualified small and medium
African enterprises in that country.
`(i) INITIAL FUNDING- The Administrator should seek to obtain 30 percent
of the funds required for each African Entrepreneurs Program Center
through partnerships and in-kind support, including building space,
instructor time, furniture donation, and co-funding from the public
or private sector, in the country in which the Center is located.
`(ii) LONG-TERM FUNDING- Not later than the date that is five years
after the date on which the Center is established, the Administrator
should seek to obtain 100 percent of the funds required for each African
Entrepreneurs Program Center through mechanisms, such as public and
private partnerships and small or modest fees-for-service.
`(3) AFRICAN SMALL BUSINESS ROUNDTABLES- The Administrator shall convene
two roundtables each year in each country in which an African Entrepreneurs
Program Center is established under paragraph (2) to promote cooperation
between banks and entrepreneurs in the United States and in qualified
sub-Saharan African countries and to identify problems in the delivery
of financial services to small businesses. Each roundtable should include
representatives from banks in the United States with experience working
with and benefitting from existing United States financial programs that
support small businesses and farmers' cooperatives.
`(4) SME CONGRESS OF SUB-SAHARAN AFRICA- The Administrator shall seek
to establish the SME Congress of Sub-Saharan Africa. The SME Congress
of Sub-Saharan Africa shall be modeled after the SME Congress of the Americas,
a hemisphere network of micro, small and medium enterprise service providers
created to enhance the ability of small business to effectively participate
in and benefit from international trade by seeking to reduce the time
and costs associated with starting and growing a small or medium enterprise.
The Administrator shall seek to coordinate SME Congress of Sub-Saharan
Africa meetings with the annual meetings described in section 105(c)(2)(B)
of the African Growth and Opportunity Act (19 U.S.C. 3704).
`(5) QUALIFIED SMALL AND MEDIUM AFRICAN ENTERPRISE-
`(A) IN GENERAL- The Administrator, in cooperation with the Administrator
of the United States Agency for International Development, shall develop
standards, specific to the qualified sub-Saharan African country in
which the business is located, for determining whether such business
is a qualified small and medium African enterprise.
`(B) QUALIFIED SUB-SAHARAN AFRICAN COUNTRY- For purposes of this subsection,
the term `qualified sub-Saharan African country' means a beneficiary
sub-Saharan African country described in section 506A(c) of the Trade
Act of 1974 (19 U.S.C. 2466a).'.
SEC. 7. U.S.-AFRICA PRIVATE SECTOR ADVISORY COUNCIL.
(a) Establishment- The Administrator of the Small Business Administration
shall establish an advisory council to be known as the `U.S.-Africa Private
Sector Advisory Council' (hereinafter referred to as the Council).
(b) Duties- The Council shall--
(1) advise the Congress and Federal agencies on--
(A) the use of expenditures made from amounts available in the African
Economic Diversification Fund, established under section 9511 of the
Internal Revenue Code of 1986; and
(B) the implementation of policies and programs described in subsection
(c) of such section;
(2) assist the private sector in the United States and qualified sub-Saharan
African countries in carrying out the opportunities identified by--
(A) conferences and 2-way trade missions organized by the Secretary
of Commerce to discover and encourage opportunities for private sector
cooperation between the United States and qualified sub-Saharan African
countries, and
(B) trade and investment missions to qualified sub-Saharan African countries
arranged by the Secretary of Agriculture to generate joint venture investment
and joint venture marketing agreements between farmers in the United
States and in qualified sub-Saharan African countries;
(3) assist in the coordination of annual meetings hosted by United States
representatives of the private sector with representatives of the private
sector from sub-Saharan Africa, as described in section 105(c)(2)(B) of
the African Growth and Opportunity Act (19 U.S.C. 3704); and
(4) advise the President on providing assistance to qualified small and
medium African enterprises in accordance with section 496A of the Foreign
Assistance Act of 1961 (as amended by section 10).
(1) MEMBERS- The Council shall be composed of 20 members, as follows:
(A) 1 member, appointed jointly by the chair and ranking minority member
of the Committee on Ways and Means of the House of Representatives and
the chair and ranking minority member of the Committee on Finance of
the Senate, from the private-sector business community in qualified
sub-Saharan African countries,
(B) 1 member, appointed jointly by the chair and ranking minority member
of the Committee on Ways and Means of the House of Representatives and
the chair and ranking minority member of the Committee on Finance of
the Senate, from the private-sector business community in the United
States,
(C) 1 member, appointed by the President, from the private-sector business
community in qualified sub-Saharan African countries,
(D) 1 member, appointed by the President, from the private-sector business
community in the United States,
(E) 8 members, appointed jointly by the Council members identified in
subparagraphs (A) through (D), from the private-sector business community
in qualified sub-Saharan African countries, and
(F) 8 members, appointed jointly by the Council members identified in
subparagraphs (A) through (D), from the private-sector business community
in the United States.
(2) CONSULTATION REQUIRED- The Council members identified in subparagraphs
(A) through (D) of paragraph (1) shall consult among themselves prior
to the appointment of additional members of the Council in order to achieve,
to the maximum extent possible, fair and equitable representation of various
points of view with respect to the matters to be studied by the Council
under subsection (b).
(3) TERMS OF APPOINTMENT- The members of the Council shall be appointed
not more than 90 days after the date of the enactment of this Act. The
members of the Council shall serve for the life of the Council.
(4) CO-CHAIRS- The member of the Council identified in subparagraphs (A)
through (D) of paragraph (1) shall serve as Co-chairs of the Council.
(1) INITIAL MEETING- Not later than 180 days after the date of the enactment
of this Act, the Council shall conduct its first meeting.
(2) OPEN MEETINGS- Each meeting of the Council shall be open to the public.
(e) Vacancies- A vacancy on the Council--
(1) shall be filled in the same manner as the original appointment not
later than 30 days after the Council is given notice of the vacancy, and
(2) shall not affect the power of the remaining members to execute the
duties of the Council.
(f) Travel Expenses- Members of the Council shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with sections 5702
and 5703 of title 5, United States Code.
(1) DIRECTOR- The Co-chairs shall appoint a Director.
(2) STAFF- The Director, with the approval of the Council, may appoint
and fix the pay of additional personnel.
(h) Management- The Council shall be managed by the Council members, the
director, and staff in a manner consistent with the purposes of this section.
(i) Other Authority- The Council may lease space and acquire personal property
to the extent that funds are available.
(j) Self-Sufficiency- Not later than the date that is 5 years after the
date on which the Council is established, the Council should seek to obtain
100 percent of the funds required to carry out this section through partnerships,
cash contributions, membership fees, and in-kind support.
(k) Reports- Not later than 1 year after the date of the first meeting of
the Council, and annually thereafter, the Council shall make public and
transmit to the Congress and the Small Business Administration a report--
(1) detailing the actions the Council has taken during the previous year
in fulfillment of the duties described in subsection (b),
(2) making recommendations related to policies that would further encourage
the development of the private sector in qualified sub-Saharan African
countries, particularly with regard to qualified small and medium African
enterprises, and
(3) including a budget proposal for the next fiscal year.
SEC. 8. COORDINATION WITH AFRICAN DEVELOPMENT BANK.
(a) African Entrepreneurs Program- The Administrator of the Small Business
Administration should provide the Secretary of the Treasury with information
pertaining to how African Development Bank programs can be used to improve
the 21st Century African Entrepreneurs Program, established pursuant to
section 22(g) of the Small Business Act (15 U.S.C. 649(g)). The Secretary
of the Treasury should instruct the United States Executive Director at
the African Development Bank to urge the African Development Bank to use
programs of the African Development Bank in this manner.
(b) Value-Added Agriculture Loan Facility- The Secretary of Agriculture
should provide the Secretary of the Treasury with information pertaining
to how the establishment of a value-added agricultural loan facility can
be used to support the development of qualified small and medium African
enterprises devoted to the processing of agricultural commodities. The Secretary
of the Treasury should instruct the United States Executive Director at
the African Development Bank to urge the African Development Bank to use
loan programs of the African Development Bank to foster the establishment
of such a facility.
(1) The Secretary of Agriculture, through the Foreign Agricultural Service,
should provide technical assistance to farmers in qualified sub-Saharan
African countries in the development of pre-feasibility studies to identify
potentially profitable projects for submission to the African Development
Bank.
(2) The United States Trade Development Agency should provide assistance
in the preparation of final feasibility studies for projects to be submitted
to African Development Bank under the United States Department of Agriculture-African
Development Bank loan facility program.
(d) Technical Assistance for Agricultural Facilities- The Secretary of Agriculture,
through the Foreign Agricultural Service, should provide technical assistance
to farmers in qualified sub-Saharan African countries who are funded by
the African Development Bank loan facility.
SEC. 9. ACTIVITIES TO STRENGTHEN FUNDAMENTAL LABOR RIGHTS.
(a) In General- The Secretary of State should undertake activities to strengthen
internationally recognized labor rights and standards in qualified sub-Saharan
African countries by--
(1) ensuring that governments and businesses in qualified sub-Saharan
African countries are aware of their obligations (through membership in
the International Labor Organization (ILO) as well as under United States
trade preference programs such as the generalized system of preferences
and the African Growth and Opportunity Act) to respect, promote, and realize
the international labor standards established by the ILO,
(2) monitoring the enforcement of labor laws in qualified sub-Saharan
African countries, including labor laws relating to workers' rights to
free association, prohibitions on child labor, forced labor, and discrimination,
safety in the work environment, workplace standards laws regulating minimum
wage and hours of work, and collective bargaining, through ensuring, among
other things, that reporting on labor rights at United States missions
is a priority, and
(3) providing technical assistance to enhance enforcement of labor laws
in qualified sub-Saharan African countries and for institutional capacity
building of trade unions to increase their capabilities to represent workers
at workplaces and with their governments.
(b) Definitions- For purposes of section 7, 8, and 9 of this Act:
(1) QUALIFIED SUB-SAHARAN AFRICAN COUNTRY- The term `qualified sub-Saharan
African country' means a beneficiary sub-Saharan African country described
in section 506A(c) of the Trade Act of 1974 (19 U.S.C. 2466a).
(2) QUALIFIED SMALL AND MEDIUM AFRICAN ENTERPRISE- The term `qualified
small and medium African enterprise' means a business in a qualified sub-Saharan
African country that meet the standards developed for such country by
the Administrator of the Small Business Administration, in cooperation
with the Administrator of the United States Agency for International Development,
pursuant to section 22(g)(4) of the Small Business Act (15 U.S.C. 649).
SEC. 10. ASSISTANCE FOR QUALIFIED SMALL AND MEDIUM AFRICAN ENTERPRISES.
(a) In General- Chapter 10 of part I of the Foreign Assistance Act of 1961
(22 U.S.C. 2293 et seq.) is amended by inserting after section 496 the following
new section:
`SEC. 496A. ASSISTANCE FOR QUALIFIED SMALL AND MEDIUM AFRICAN ENTERPRISES.
`(a) Authorization- The President, acting through the Administrator of the
United States Agency for International Development, is authorized to provide
assistance, on such terms and conditions as the President may determine,
for qualified small and medium African enterprises.
`(b) Activities Supported- Assistance provided under subsection (a) shall,
to the maximum extent practicable, be used to carry out the following activities:
`(1) YOUTH ENTREPRENEURSHIP PROGRAMS- Activities to establish youth entrepreneurship
training programs in schools or through community partnerships with business
and youth organizations in qualified sub-Saharan African countries to
promote economic skills, ethics, integrity, and healthy life skills among
youth in such countries. Such activities may include providing assistance
through United States and international youth organizations located in
qualified sub-Saharan African countries and ministries of education, local
schools, businesses, and youth groups to--
`(A) teach basic concepts of business economics and free enterprise
and the relevance of education for such youth to improving the quality
of their lives;
`(B) teach basic concepts of good governance, the rule of law, human
rights, and citizenship as they relate to national development;
`(C) assist youth to make decisions about their educational and professional
future and develop communication skills that are vital to succeed in
the domestic, regional, and international business world;
`(D) develop a specialized curriculum for youth in rural and peri-urban
areas and utilize, whenever possible, business and community volunteers
to deliver such curriculum; and
`(E) organize student-led enterprises.
`(2) ANTI-CORRUPTION INITIATIVES- Activities that combat corruption, improve
transparency and accountability, and promote other forms of good governance
and management in qualified sub-Saharan African countries. Such activities
may include--
`(A) providing technical assistance to governments of qualified sub-Saharan
African countries that are implementing the United Nations Convention
against Corruption, including assistance to combat anti-competitive,
unethical, and corrupt activities, including protection against actions
that may distort or inhibit transparency in market mechanisms and impair
the development of qualified small and medium African enterprises;
`(B) providing assistance to develop a legal framework for commercial
transactions that fosters business practices that promote transparent,
ethical, and competitive behavior in the economic sector, such as commercial
codes that incorporate international standards and protection of national
and international intellectual property rights and core labor standards;
and
`(C) providing training and technical assistance relating to drafting
of anti-corruption, privatization, and competitive statutory and administrative
codes, and providing technical assistance to ministries and agencies
implementing anti-corruption laws and regulations.
`(c) Definitions- In this section:
`(1) QUALIFIED SUB-SAHARAN AFRICAN COUNTRY- The term `qualified sub-Saharan
African country' means a beneficiary sub-Saharan African country described
in section 506A(c) of the Trade Act of 1974 (19 U.S.C. 2466a).
`(2) QUALIFIED SMALL AND MEDIUM AFRICAN ENTERPRISE- The term `qualified
small and medium African enterprise' means a business in a qualified sub-Saharan
African country that meet the standards developed for such country by
the Administrator of the Small Business Administration, in cooperation
with the Administrator of the United States Agency for International Development,
pursuant to section 22(g)(4) of the Small Business Act (15 U.S.C. 649).'.
(b) Conforming Amendment- Section 497 of the Foreign Assistance Act of 1961
(22 U.S.C. 2294) is amended in the second sentence by adding at the end
before the period the following: `or section 496A'.
(c) Authorization of Appropriations- For purposes of carrying out this section,
there are authorized to be appropriated $5,000,000 for each of fiscal years
2007 and 2008.
SEC. 11. REPORT.
Not later than 6 months after the date of the enactment of this Act, the
President shall transmit to Congress a report including legislative recommendations
for the creation of American jobs, particularly in economically disadvantaged
areas, by utilizing opportunities that arise from an increase in United
States imports.
END