S.Amdt. 1908

SA 1908. Mr. SANDERS submitted an amendment intended to be proposed
to amendment SA 1836 proposed by Mr. Reid (for Ms. Cantwell (for
herself, Mr. Johnson of South Dakota, Mr. Graham, Mr. Shelby, Mr.
Warner, Mr. Schumer, Mr. Brown of Ohio, Mrs. Hagan, Mr. Coons, Mr.
Akaka, Mrs. Murray, Ms. Landrieu, Mr. Kerry, and Mr. Kirk)) to the bill
H.R. 3606, to increase American job creation and economic growth by
improving access to the public capital markets for emerging growth
companies; which was ordered to lie on the table; as follows:

At the end of the amendment, add the following:

SEC. 817. INFORMATION AND CERTIFICATIONS ABOUT WORKFORCE
NUMBERS REQUIRED FROM ENTITIES SEEKING OR
RECEIVING FINANCING FROM THE EXPORT-IMPORT BANK
OF THE UNITED STATES.

Section 2 of the Export-Import Bank Act of 1945 (12 U.S.C.
635) is amended by adding at the end the following:
``(i) Information and Certifications About Workforce
Numbers Required From Entities Seeking or Receiving
Financing.--
``(1) Information required from entities seeking
financing.--The Board of Directors of the Bank may not
approve an application submitted on or after the date that is
90 days after the date of the enactment of the Export-Import
Bank Reauthorization Act of 2012 for financing (including any
guarantee, insurance, or extension of credit, or
participation in any extension of credit) by the Bank for a
transaction that is subject to approval by the Board unless,
as a condition of providing such financing, the Bank requires
the applicant to submit the following information:
``(A) The number of individuals employed by the primary
exporter involved with the transaction in the United States.
``(B) The number of individuals employed by the primary
exporter involved with the transaction outside the United
States.
``(2) Certifications from entities receiving financing.--
``(A) In general.--Not later than 1 year after the Board of
Directors of the Bank approves an application submitted by an
entity for financing for a transaction described in paragraph
(1), and annually thereafter until the entity no longer
receives financing from the Bank, the entity to which the
financing was provided shall submit to the Bank a written
certification of--
``(i) the percentage of the workforce of the primary
exporter involved with the transaction employed in the United
States that was separated from employment by the exporter
during the year preceding the submission of the report; and
``(ii) the percentage of the total workforce of the primary
exporter involved with the transaction that was separated
from employment by the exporter during the preceding year.
``(B) Termination of assistance to certain entities.--If an
entity to which financing was provided for a transaction
described in paragraph (1) submits a certification to the
Bank under subparagraph (A) in which the percentage described
in clause (i) of that subparagraph is greater than the
percentage described in clause (ii) of that subparagraph, the
Bank may not provide any additional financing to that entity
until the entity submits a certification under subparagraph
(A) in which the percentage described in clause (i) of that
subparagraph is not greater than the percentage described in
clause (ii) of that subparagraph.
``(C) Failure to submit certifications; false
certifications.--If an entity to which financing was provided
for a transaction described in paragraph (1) does not submit
a certification required by subparagraph (A) to the Bank by
the date on which the certification is due, or submits a
false certification under that subparagraph, the Bank--
``(i) shall terminate all financing provided to the entity
on and after the date that is 60 days after the date on which
the certification was due; and
``(ii) may not provide any additional financing to that
entity.''.
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