S.Amdt. 1913

SA 1913. Mr. CHAMBLISS 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:

Strike section 809 of the amendment and insert the
following:

SEC. 809. CONTENT GUIDELINES FOR THE PROVISION OF FINANCING
BY 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) Content Guidelines for the Provision of Financing.--
``(1) In general.--The Bank shall, after notice and comment
and Board approval, establish clear and comprehensive
guidelines with respect to the content of the goods and
services involved in a transaction for which the Bank will
provide financing, which shall be aimed at ensuring that the
Bank enables companies with operations in the United States
to maintain and create jobs in the United States and
contribute to a stronger national economy through the export
of their goods and services.
``(2) Required considerations.--In establishing the
guidelines, the Bank shall take into account such
considerations as the Bank deems relevant to meet the
purposes described in paragraph (1), including the following:
``(A) The needs of different industry sectors to obtain
financing from the Bank for exporting their products or
services in order to create and maintain jobs in the United
States.
``(B) The ability of companies with operations in the
United States to compete effectively for export opportunities
that will create and maintain jobs in the United States,
particularly with respect to the Bank's content requirements
and co-financing arrangements.
``(C) The totality of support, including financing and
subsidies, extended by export credit agencies to support the
exports of goods and services, as well as key differences in,
types of trade-offs among, and national trade promotion
strategies of OECD member countries and of non-OECD member
countries.
``(D) Recommendations from the advisory committee
established under section 3(d), including any dissenting
views.
``(E) Any findings or recommendations of the Government
Accountability Office pertaining to the ability of the Bank
to provide financing that is competitive with the financing
provided by foreign export credit agencies, to enable
companies with operations in the United States to contribute
to a stronger United States economy by maintaining or
increasing the employment of workers in the United States
through the export of goods and services.
``(F) The effects of the guidelines on the manufacturing
workforce and service workforce of the United States.
``(G) The effect of changes to current Bank content
requirements on the incentive for companies to create and
maintain operations in the United States in order to increase
the employment of workers in the United States.
``(3) Separate guidelines.--
``(A) The Bank may establish separate guidelines under this
subsection for services and for goods.
``(B) The Bank may establish separate guidelines under this
subsection for small business concerns (as defined in section
3(a) of the Small Business Act).
``(C) The Bank may continue separate guidelines under this
subsection with respect to different terms and products.
``(4) Certification that domestic content has not been
reduced because of the guidelines.--In determining whether to
provide financing for a proposed transaction, the exporter
shall certify that the domestic content of a good has not
been reduced solely as a result of the guidelines.
``(5) Procedural provisions.--Within 60 days after the date
of the enactment of this Act, the Bank shall publish a notice
with respect to the issuance or modification of guidelines
under this subsection. Within 60 days after the end of the
public comment period otherwise required by law with respect
to the issuance or modification of the guidelines, the Bank
shall submit to the Congress, for its review, the guidelines
in proposed final form. At the end of the 60-day period that
begins with the date the proposed final guidelines are so
submitted, the proposed final guidelines shall be considered
a final agency action for all purposes and shall take effect
and be implemented immediately.
``(6) Term.--Every 2 years, the Bank shall review and, as
appropriate, modify the guidelines, subject to paragraph (5).
``(7) Report to congress.--Within 1 year after the
implementation of new or modified guidelines under this
subsection, the Inspector General of the Bank shall submit to
the Congress a report evaluating the guidelines, which shall
include--
``(A) a discussion of the considerations required to be
taken into account in establishing the guidelines, a
comparison of how the guidelines reflect each consideration,
and a description of the extent to which the guidelines
enabled companies with operations in the United States who
submitted an application for financing from the Bank to
maintain and create jobs in the United States and contribute
to a stronger national economy through the export of their
goods and services;
``(B) a description of the effect of the guidelines on the
number of domestic jobs to be supported, the kinds of
domestic jobs to be supported, including their duration and
geographic location, and the existence and nature of any
transfers of technology or production; and
``(C) recommendations for how the guidelines could be
modified to better facilitate exports of goods and services
from the United States in order to maintain and create jobs
in the United States and contribute to a stronger national
economy.''.
______