S.Amdt. 1917Senate112th Congress (2011-2013)2nd degree

S.Amdt. 1917

Submitted March 20, 2012

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Senate amendment submitted

March 20, 2012

Text

Submitted

SA 1917. 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:

At the end of the amendment, add the following:

SEC. 817. FOREIGN AIR CARRIERS ECONOMIC IMPACT ANALYSES.

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) Foreign Air Carriers Economic Impact Analyses.--
``(1) Procedures to reduce adverse effects of loans and
guarantees.--
``(A) Notice and comment requirements.--
``(i) In general.--Before considering or approving any
application for a loan or financial guarantee that may be
used in whole or in part to purchase large air carrier
aircraft, the Bank shall--

``(I) publish in the Federal Register a notice of the
application;
``(II) provide a period of not less than 14 days (which, on
request by any affected party, shall be extended to a period
of not more than 30 days) for the submission to the Bank of
comments on the economic or other potentially adverse effects
of the provision of the loan or guarantee; and
``(III) seek comments on the economic or other potentially
adverse effects of the provision of the loan or guarantee
from the Department of Commerce, the Office of Management and
Budget, the Committee on Banking, Housing, and Urban Affairs
of the Senate, and the Committee on Financial Services of the
House of Representatives.

``(ii) Content of notice.--The notice published under
clause (i)(I) with respect to an application for a loan or
financial guarantee that may be used in whole or in part to
purchase large air carrier aircraft shall include appropriate
information about--

``(I) the country to which the aircraft will be shipped;
``(II) the type of aircraft being exported;
``(III) the amount of the loan or guarantee;
``(IV) the number of aircraft that would be produced as a
result of the provision of the loan or guarantee.

``(B) Procedure regarding materially changed
applications.--If a material change is made to an application
to which subparagraph (A)(i) applies, after a notice with
respect to the application is published under subparagraph
(A)(i)(I), the Bank shall publish in the Federal Register a
revised notice of the application and provide for an
additional comment period as provided in subparagraph
(A)(i)(II).
``(C) Requirement to address views of adversely affected
persons.--Before taking final action on an application to
which subparagraph (A)(i) applies, the staff of the Bank
shall provide in writing to the Board of Directors the views
of any person who submitted comments on the application
pursuant to this paragraph.
``(D) Publication of conclusions.--Within 30 days after a
party affected by a final decision of the Board of Directors
with respect to a loan or guarantee to which subparagraph
(A)(i) applies makes a written request therefor, the Bank
shall provide to the affected party a non-confidential
summary of the facts found and conclusions reached in any
detailed economic impact analysis or similar study with
respect to the loan or guarantee, that was submitted to the
Board of Directors.
``(2) Definitions.--In this subsection:
``(A) Large air carrier aircraft.--The term `large air
carrier aircraft', means an aircraft designed to hold seats
for at least 31 passengers.
``(B) Material change.--The term `material change', with
respect to an application for a loan or guarantee that may be
used in whole or in part to purchase large air carrier
aircraft, includes--
``(i) a change of at least 25 percent in the amount of a
loan or guarantee requested in the application; and
``(ii) a change in the type or number of aircraft to be
produced as a result of any transaction that would be
facilitated by the provision of the loan or guarantee.''.
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