116 HRES 170 IH: Supporting the men and women who carry out the essential mission of the U.S. Border Patrol, the Office of Field Operations, and Air and Marine Operations of the Department of Homeland Security.
U.S. House of Representatives
2019-03-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
116th CONGRESS
1st Session
H. RES. 170
IN THE HOUSE OF REPRESENTATIVES

March 4, 2019
Mr. Moolenaar (for himself, Mr. Gosar, Mr. Johnson of Ohio, Mr. Calvert, Mr. Buck, Mr. Guest, Mr. Mitchell, and Mr. Gibbs) submitted the following resolution; which was referred to the Committee on Homeland Security, and in addition to the Committees on Ways and Means, and the Judiciary, 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

RESOLUTION
Supporting the men and women who carry out the essential mission of the U.S. Border Patrol, the Office of Field Operations, and Air and Marine Operations of the Department of Homeland Security.

Whereas the U.S. Border Patrol, the Office of Field Operations, and Air and Marine Operations of the Department of Homeland Security are heroic law enforcement officers responsible for enforcing our laws, protecting our borders, and securing the United States by land, air, and sea;  Whereas the U.S. Border Patrol helps detect and prevent illegal aliens and terrorists from entering the country, and prevent the trafficking of victims and contraband;
Whereas U.S. Border Patrol recidivism rates of illegal aliens have dropped substantially in the past 5 years, to a rate of 10 percent;  Whereas the Office of Field Operations is the largest component of our Nation’s border protection program and provides security and assurance while facilitating lawful trade at our Nation’s ports;
Whereas the Office of Field Operations has stopped thousands of pounds of drugs at its 328 ports of entry;  Whereas Air and Marine Operations helps apprehend, disrupt, and intercept criminals and drugs in our Nation’s waters, interior, and sky;
Whereas the U.S. Border Patrol, the Office of Field Operations, and Air and Marine Operations are needed now more than ever as the number of illegal border crossings at our Southwest border have increased by 1/3 over the past year;  Whereas the U.S. Border Patrol, the Office of Field Operations, and Air and Marine Operations have an integral role in combating the drug crisis facing the United States;
Whereas the U.S. Border Patrol, the Office of Field Operations, and Air and Marine Operations have rescued numerous victims of human trafficking and sexually exploited children;  Whereas the U.S. Border Patrol has protected immigrants from dangerous criminals, such as MS–13, whose primary victims are immigrants and minorities, by patrolling our borders;
Whereas since its inception in 1904, 127 officers of the U.S. Border Patrol have lost their lives in the line of duty;  Whereas the U.S. Border Patrol helps facilitate daily entry into the United States for more than—
(1)1,088,300 people;  (2)283,664 privately owned vehicles;
(3)78,137 truck, rail, and sea containers; and  (4)$6,500,000,000 in imported goods;
Whereas, in fiscal year 2018, the U.S. Border Patrol’s enforcement actions resulted in more than— (1)6,423 pounds of cocaine seized;
(2)439,531 pounds of marijuana seized;  (3)10,382 pounds of methamphetamine seized;
(4)$7,354,285 in illicit funds seized; and  (5)1,547 criminal arrests;
Whereas, in fiscal year 2018, the Office of Field Operations’ enforcement actions resulted in more than— (1)47,945 pounds of cocaine seized;
(2)283,084 pounds of marijuana seized;  (3)67,292 pounds of methamphetamine seized;
(4)$59,857,545 in illicit funds seized; and  (5)5,670 criminal arrests; and
Whereas, in fiscal year 2018, Air and Marine Operations’ enforcement actions resulted in more than— (1)283,503 pounds of cocaine seized;
(2)301,553 pounds of marijuana seized;  (3)180,444 pounds of methamphetamine seized;
(4)$34,209,791 in illicit funds seized; and  (5)2,373 criminal arrests: Now, therefore, be it

That the House of Representatives— (1)fully supports the men and women of the U.S. Border Patrol, the Office of Field Operations, and Air and Marine Operations of the Department of Homeland Security;
(2)honors and respects the sacrifices of members of the U.S. Border Patrol, the Office of Field Operations, and Air and Marine Operations and their families;  (3)views the mission of the U.S. Border Patrol, the Office of Field Operations, and Air and Marine Operations as integral to the safety and security of the United States; and
(4)denounces calls for the U.S. Border Patrol to be defunded and abolished.


		I
		111th CONGRESS
		1st Session
		H. R. 902
		IN THE HOUSE OF REPRESENTATIVES

			February 4, 2009
			Mr. Smith of
			 Washington (for himself, Mr.
			 Dicks, Mr. McDermott,
			 Mr. Inslee,
			 Mr. Baird, and
			 Mr. Larsen of Washington) introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means, and in addition to the Committee on
			 Energy and Commerce, 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 amend title XVIII of the Social Security Act to
		  improve the provision of items and services provided to Medicare beneficiaries
		  residing in rural areas.

		1.Short titleThis Act may be cited as the
			 MediFair Act of
			 2009.
		2.FindingsCongress makes the following
			 findings:
			(1)Regional
			 inequities in medicare reimbursement have created barriers to care for seniors
			 and the disabled.
			(2)The regional
			 inequities in medicare reimbursement penalize States that have cost-effective
			 health care delivery systems and reward those States with high utilization
			 rates and that provide inefficient care.
			(3)Comparatively, in 2003, per capita spending
			 under traditional Medicare was $5,661 for beneficiaries in Seattle, $9,752 for
			 those in Los Angeles, and $11,340 for those in Miami.
			(4)Over a lifetime,
			 regional inequities can mean as much as a $125,000 difference in the cost of
			 care provided per beneficiary.
			(5)Regional
			 inequities have resulted in creating very different Medicare programs and
			 amount of care received for seniors and the disabled based on where they
			 live.
			(6)Because the
			 Medicare Advantage rate is based on the fee-for-service reimbursement rate,
			 regional inequities have allowed some Medicare beneficiaries access to Medicare
			 Advantage plans with significantly more benefits and reduced cost sharing.
			 Beneficiaries in States with lower Medicare Advantage reimbursement rates have
			 not benefitted to the same degree as beneficiaries in other parts of the
			 country.
			(7)Regional
			 inequities in medicare reimbursement have created an unfair competitive
			 advantage for hospitals and other health care providers in States that receive
			 above average payments. Higher payments mean that those providers can pay
			 higher salaries in a tight, competitive market.
			(8)Regional
			 inequities in medicare reimbursement, if left unchecked, will reduce access to
			 medicare services and impact healthy outcomes for beneficiaries.
			3.Improving
			 fairness of payments to providers under the Medicare fee-for-service
			 programTitle XVIII of the
			 Social Security Act (42 U.S.C. 1395 et
			 seq.) is amended by adding at the end the following new section:

				1899.Improving payment equity under the original Medicare
		  fee-for-service program(a)In
				generalNotwithstanding any other provision of law, the Secretary
				shall establish a system for making adjustments to the amount of payment made
				to entities and individuals for items and services provided under the original
				medicare fee-for-service program under parts A and B.
					(b)System
				requirements
						(1)Increase for
				States below the national averageUnder the system established
				under subsection (a), if a State average per beneficiary amount for a year is
				less than the national average per beneficiary amount for such year, then the
				Secretary (beginning in 2010) shall increase the amount of applicable payments
				in such a manner as will result (as estimated by the Secretary) in the State
				average per beneficiary amount for the subsequent year being equal to the
				national average per beneficiary amount for such subsequent year.
						(2)Reduction for
				certain States above the national average to enhance quality care and maintain
				budget neutrality
							(A)In
				generalThe Secretary shall ensure that the increase in payments
				under paragraph (1) does not cause the estimated amount of expenditures under
				this title for a year to increase or decrease from the estimated amount of
				expenditures under this title that would have been made in such year if this
				section had not been enacted by reducing the amount of applicable payments in
				each State that the Secretary determines has—
								(i)a
				State average per beneficiary amount for a year that is greater than the
				national average per beneficiary amount for such year; and
								(ii)healthy outcome
				measurements or quality care measurements that indicate that a reduction in
				applicable payments would encourage more efficient use of, and reduce overuse
				of, items and services for which payment is made under this title.
								(B)LimitationThe
				Secretary shall not reduce applicable payments under subparagraph (A) to a
				State that—
								(i)has a State
				average per beneficiary amount for a year that is greater than the national
				average per beneficiary amount for such year; and
								(ii)has healthy
				outcome measurements or quality care measurements that indicate that the
				applicable payments are being used to improve the access of beneficiaries to
				quality care.
								(3)Determination of
				averages
							(A)State average
				per beneficiary amountEach year (beginning in 2009), the
				Secretary shall determine a State average per beneficiary amount for each State
				which shall be equal to the Secretary’s estimate of the average amount of
				expenditures under the original medicare fee-for-service program under parts A
				and B for the year for a beneficiary enrolled under such parts that resides in
				the State.
							(B)National average
				per beneficiary amountEach year (beginning in 2009), the
				Secretary shall determine the national average per beneficiary amount which
				shall be equal to the average of the State average per beneficiary amount
				determined under subparagraph (A) for the year.
							(4)DefinitionsIn
				this section:
							(A)Applicable
				paymentsThe term applicable payments means payments
				made to entities and individuals for items and services provided under the
				original medicare fee-for-service program under parts A and B to beneficiaries
				enrolled under such parts that reside in the State.
							(B)StateThe
				term State has the meaning given such term in section
				210(h).
							(c)Beneficiaries
				held harmlessThe provisions of this section shall not
				affect—
						(1)the entitlement to
				items and services of a beneficiary under this title, including the scope of
				such items and services; or
						(2)any liability of
				the beneficiary with respect to such items and services.
						(d)Regulations
						(1)In
				generalThe Secretary, in consultation with the Medicare Payment
				Advisory Commission, shall promulgate regulations to carry out this
				section.
						(2)Protecting rural
				communitiesIn promulgating the regulations pursuant to paragraph
				(1), the Secretary shall give special consideration to rural
				areas.
						.
		4.MedPAC
			 recommendations on healthy outcomes and quality care
			(a)RecommendationsThe
			 Medicare Payment Advisory Commission established under section 1805 of the
			 Social Security Act (42 U.S.C.
			 1395b–6) shall develop recommendations on policies and practices that, if
			 implemented, would encourage—
				(1)healthy outcomes
			 and quality care under the medicare program in States with respect to which
			 payments are reduced under section 1899(b)(2) of such Act (as added by section
			 3); and
				(2)the efficient use
			 of payments made under the medicare program in such States.
				(b)SubmissionNot
			 later than the date that is 9 months after the date of enactment of this Act,
			 the Commission shall submit to Congress the recommendations developed under
			 subsection (a).


117 HR 2896 IH: Kids Eat Local Act
U.S. House of Representatives
2021-04-28
text/xml
EN
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I117th CONGRESS1st SessionH. R. 2896IN THE HOUSE OF REPRESENTATIVESApril 28, 2021Ms. Pingree (for herself, Mr. Fortenberry, Ms. Adams, and Mr. Harder of California) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Richard B. Russell National School Lunch Act to allow certain institutions to use geographic preference for procurement of certain foods, and for other purposes.1.Short titleThis Act may be cited as the Kids Eat Local Act. 2.Geographic preference and identification for school foodParagraph (3) of section 9(j) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(j)) is amended to read as follows: (3)allow institutions receiving funds under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), including the Department of Defense Fresh Fruit and Vegetable Program—(A)to use a geographic preference for the procurement of unprocessed agricultural products, both locally grown and locally raised; or(B)to use locally grown, locally raised, or locally caught as a product specification..


110 HR 3649 IH: To require mercenary training to be conducted only on

U.S. House of Representatives
2007-09-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 3649
		IN THE HOUSE OF REPRESENTATIVES

			September 25, 2007
			Mr. Filner introduced
			 the following bill; which was referred to the
			 Committee on Armed
			 Services

		A BILL
		To require mercenary training to be conducted only on
		  Federal Government property.

		1.Requirement for mercenary
			 training to be conducted only on Federal Government property
			(a)RequirementMercenary
			 training may be conducted only on property owned by the Federal
			 Government.
			(b)Mercenary
			 training definedThe term mercenary training means
			 military-style training of individuals who are not members of the Armed Forces
			 to provide security services to the Federal Government and to contractors of
			 the Federal Government.


114 HR 5674 IH: Guardians of America's Freedom Medal Act
U.S. House of Representatives
2016-07-07
text/xml
EN
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I114th CONGRESS2d SessionH. R. 5674IN THE HOUSE OF REPRESENTATIVESJuly 7, 2016Mr. Lance introduced the following bill; which was referred to the Committee on Armed ServicesA BILLTo provide for the award of medals or other commendations to handlers of military working dogs and
			 military working dogs, and for other purposes.

 1.Short titleThis Act may be cited as the Guardians of America's Freedom Medal Act. 2.Award of medals or other commendations to handlers of military working dogs and military working dogs (a)Program of award requiredEach Secretary of a military department shall carry out a program to provide for the award of one or more medals or other commendations to handlers of military working dogs, and to military working dogs, under the jurisdiction of such Secretary to recognize valor or meritorious achievement by such handlers and dogs.
 (b)Medal and commendationsAny medal or commendation awarded pursuant to a program under subsection (a) shall be of such design, and include such elements, as the Secretary of the military department concerned shall specify.
 (c)RegulationsMedals and commendations shall be awarded under programs under subsection (a) in accordance with regulations prescribed by the Secretary of Defense for purposes of this section.


		II
		109th CONGRESS
		2d Session
		S. 3476
		IN THE SENATE OF THE UNITED
		  STATES

			June 7, 2006
			Mr. Akaka introduced the
			 following bill; which was read twice and referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

		A BILL
		To amend the Homeland Security Act of 2002
		  to establish employee professional development programs at the Department of
		  Homeland Security.

		1.Short titleThis Act may be cited as the
			 Homeland Security Professional
			 Development Act of 2006.
		2.Establishment of
			 professional development programs at the Department of Homeland
			 Security
			(a)In
			 generalTitle VIII of the
			 Homeland Security Act of 2002 (6 U.S.C. 361 et seq.) is amended by inserting
			 after section 843 the following:

					844.Homeland Security
				Mentoring Program
						(a)Establishment
							(1)In
				generalNot later than 180
				days after the date of enactment of this section, the Secretary shall establish
				the Homeland Security Mentoring Program (in this section referred to as the
				Mentoring Program) for employees of the Department. The
				Mentoring Program shall use applicable best practices, including those from the
				Chief Human Capital Officers Council.
							(2)GoalsThe Mentoring Program established by the
				Secretary—
								(A)shall be established in accordance with the
				Department Human Capital Strategic Plan;
								(B)shall incorporate Department human capital
				strategic plans and activities, and address critical human capital
				deficiencies, recruitment and retention efforts, and succession planning within
				the Federal workforce of the Department;
								(C)shall enable employees within the
				Department to share expertise, values, skills, resources, perspectives,
				attitudes and proficiencies to develop and foster a cadre of qualified
				employees and future leaders;
								(D)shall incorporate clear learning goals,
				objectives, meeting schedules, and feedback processes that will help employees,
				managers, and executives enhance skills and knowledge of the Department while
				reaching professional and personal goals;
								(E)shall enhance professional relationships,
				contacts, and networking opportunities among the employees of the
				Department;
								(F)shall complement and incorporate (but not
				replace) mentoring and training programs within the Department in effect on the
				date of enactment of this section; and
								(G)may promote cross-disciplinary mentoring
				and training opportunities that include provisions for intradepartmental
				rotational opportunities, in accordance with human capital goals and plans that
				foster a more diversified and effective Federal workforce of the
				Department.
								(3)Training
				leaders council
								(A)EstablishmentThe Training Leaders Council established by
				the Chief Human Capital Officer shall administer the Mentoring Program.
								(B)ResponsibilitiesThe Training Leaders Council shall—
									(i)provide oversight of the establishment and
				implementation of the Mentoring Program;
									(ii)establish a framework that supports the
				goals of the Mentoring Program and promotes cross-disciplinary mentoring and
				training;
									(iii)identify potential candidates to be mentors
				or mentees and select candidates for admission into the Mentoring
				Program;
									(iv)formalize mentoring assignments within the
				Department;
									(v)formulate individual development plans that
				reflect the needs of the Department, the mentor, and the mentee;
									(vi)coordinate with mentoring programs in the
				Department in effect on the date of enactment of this section; and
									(vii)establish target enrollment numbers for the
				size and scope of the Mentoring Program, under the human capital goals and
				plans of the Department.
									(4)Selection of
				participants for mentoring program
								(A)In
				generalThe Mentoring Program
				shall consist of middle and senior level employees of the Department with
				significant experience who shall serve as mentors for junior and entry level
				employees and employees who are critical to Department succession plans and
				programs.
								(B)Selection of
				mentorsMentors shall be
				employees who—
									(i)understand the organization and culture of
				the Department;
									(ii)understand the aims of mentoring in Federal
				public service;
									(iii)are available and willing to spend time
				with the mentee, giving appropriate guidance and feedback;
									(iv)enjoy helping others and are open-minded,
				flexible, empathetic, and encouraging; and
									(v)have very good communications skills, and
				stimulate the thinking and reflection of mentees.
									(C)Selection of
				menteesMentees shall be
				motivated employees who possess potential for future leadership and management
				roles within the Department.
								(5)Roles and
				responsibilities of participants in the mentoring program
								(A)Mentors
									(i)RoleA mentor shall serve as a model, motivator,
				and counselor to a mentee.
									(ii)LimitationAny person who is the immediate supervisor
				of an employee and evaluates the performance of that employee may not be a
				mentor to that employee under the Mentor Program.
									(iii)ResponsibilitiesThe responsibilities of a mentor may
				include—
										(I)helping the mentee set short-term learning
				objectives and long-term career goals;
										(II)helping the mentee understand the
				organizational culture of the Department;
										(III)recommending or creating learning
				opportunities;
										(IV)providing informal education and training
				in areas such as communication, critical thinking, responsibility, flexibility,
				and teamwork; and
										(V)pointing out the strengths and areas for
				development of the mentee.
										(B)MenteesThe responsibilities of the mentee may
				include—
									(i)defining short-term learning objectives and
				long-term career goals;
									(ii)participating in learning opportunities to
				broaden knowledge of the Department; and
									(iii)participating in professional opportunities
				to improve a particular career area, develop an area of technical expertise,
				grow professionally, and expand leadership abilities.
									(6)ReportingNot later than 180 days after the date of
				the establishment of the Mentoring Program, the Secretary shall submit a report
				on the status of the Mentoring Program and enrollment, including the number of
				mentors and mentees in each component of the Department and how the Mentoring
				Program is being used in succession planning and leadership development
				to—
								(A)the Committee on Homeland Security and
				Governmental Affairs of the Senate;
								(B)the Committee on Homeland Security of the
				House of Representatives; and
								(C)the Committee on Government Reform of the
				House of Representatives.
								845.Homeland security
				rotation program
						(a)Establishment
							(1)In
				generalNot later than 180
				days after the date of enactment of this section, the Secretary shall establish
				the Homeland Security Rotation Program (in this section referred to as the
				Rotation Program) for employees of the Department. The Rotation
				Program shall use applicable best practices, including those from the Chief
				Human Capital Officers Council.
							(2)GoalsThe Rotation Program established by the
				Secretary shall—
								(A)be established in accordance with the
				Department Human Capital Strategic Plan;
								(B)provide middle level employees in the
				Department the opportunity to broaden their knowledge through exposure to other
				components of the Department;
								(C)expand the knowledge base of the Department
				by providing for rotational assignments of employees to other
				components;
								(D)build professional relationships and
				contacts among the employees in the Department;
								(E)invigorate the workforce with exciting and
				professionally rewarding opportunities;
								(F)incorporate Department human capital
				strategic plans and activities, and address critical human capital
				deficiencies, recruitment and retention efforts, and succession planning within
				the Federal workforce of the Department; and
								(G)complement and incorporate (but not
				replace) rotational programs within the Department in effect on the date of
				enactment of this section.
								(3)Training
				Leaders Council
								(A)In
				generalThe Training Leaders
				Council established by the Chief Human Capital Officer shall administer the
				Rotation Program.
								(B)ResponsibilitiesThe Training Leaders Council shall—
									(i)provide oversight of the establishment and
				implementation of the Rotation Program;
									(ii)establish a framework that supports the
				goals of the Rotation Program and promotes cross-disciplinary rotational
				opportunities;
									(iii)establish eligibility for employees to
				participate in the Rotation Program and select participants from employees who
				apply;
									(iv)establish incentives for employees to
				participate in the Rotation Program, including promotions and employment
				preferences;
									(v)ensure that the Rotation Program provides
				professional education and training;
									(vi)ensure that the Rotation Program develops
				qualified employees and future leaders with broad-based experience throughout
				the Department;
									(vii)provide for greater interaction among
				employees in components of the Department; and
									(viii)coordinate with rotational programs within
				the Department in effect on the date of enactment of this section.
									(4)Allowances,
				privileges, and benefitsAll
				allowances, privileges, rights, seniority, and other benefits of employees
				participating in the Rotation Program shall be preserved.
							(5)ReportingNot later than 180 days after the date of
				the establishment of the Rotation Program, the Secretary shall submit a report
				on the status of the Rotation Program, including a description of the Rotation
				Program, the number of employees participating, and how the Rotation Program is
				used in succession planning and leadership development to—
								(A)the Committee on Homeland Security and
				Governmental Affairs of the Senate;
								(B)the Committee on Homeland Security of the
				House of Representatives; and
								(C)the Committee on Government Reform of the
				House of
				Representatives.
								.
			(b)Technical and
			 conforming amendmentSection
			 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by
			 inserting after the item relating to section 843 the following:

						Sec. 844. Homeland Security
				Mentoring Program.
						Sec. 845. Homeland Security
				Rotation
				Program.

					.
			3.Reports to
			 congress
			(a)In
			 generalChapter 41 of title
			 5, United States Code is amended by adding at the end the following:

					4122.Reports to
				CongressThe Director of the
				Office of Personnel Management shall report annually to the Committee on
				Homeland Security and Governmental Affairs of the Senate and the Committee on
				Government Reform of the House of Representatives on the training, mentoring,
				and succession plans and programs of Federal agencies, including the number of
				participants, the structure of the programs, and how participants are used for
				leadership development and succession planning
				programs.
					.
			(b)Technical and
			 conforming amendmentThe
			 table of sections for chapter 41 of title 5, United States Code, is amended by
			 inserting after the item relating to section 4121 the following:

						4122. Reports to
				Congress.

					.
			4.Authorization of
			 appropriationsThere are
			 authorized to be appropriated such sums as necessary to carry out this
			 Act.


110 HR 1361 PCS: RECOVER Act
U.S. House of Representatives
0
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		Calendar No. 334
		110th CONGRESS
		1st Session
		H. R. 1361
		IN THE SENATE OF THE UNITED
		  STATES

			April 19, 2007
			Received

			August 3, 2007
			Read twice and placed on the calendar

		AN ACT
		To improve the disaster relief programs of
		  the Small Business Administration, and for other purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Relief for Entrepreneurs:
			 Coordination of Objectives and Values for Effective Recovery Act of
			 2007 or the RECOVER Act.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Title I—Planning
					Sec. 101. Comprehensive disaster response plan.
					Sec. 102. Annual disaster simulation exercise.
					Sec. 103. Disaster reserve corps.
					Sec. 104. Plans to secure additional office space.
					Sec. 105. Coordination of disaster assistance programs with
				FEMA.
					Sec. 106. Associate Administrator for Disaster
				Assistance.
					Title II—Lending
					Sec. 201. Incidents of National Significance.
					Sec. 202. Information tracking and follow-up
				system.
					Sec. 203. Immediate Disaster Assistance program.
					Sec. 204. Increased deferment period.
					Sec. 205. Revised repayment terms.
					Sec. 206. Revised disbursement process.
					Sec. 207. Revised collateral requirements.
					Sec. 208. Enhanced lending authority for private
				lenders.
					Sec. 209. Disaster processing redundancy.
					Sec. 210. Grant program.
					Sec. 211. Hurricane Assistance Replacement Grant
				program.
					Sec. 212. Increase legislative limit.
					Sec. 213. Net earnings clauses prohibited.
					Sec. 214. Economic injury disaster loans to
				nonprofits.
					Sec. 215. Applicants that will constitute a major source of
				employment due to changed economic circumstances.
					Sec. 216. Preliminary application process for assistance for
				small business concerns with essential employees ordered to serve on active
				duty in the Armed Forces.
					Sec. 217. Economic injury disaster loans in cases of ice storms
				and blizzards.
					Sec. 218. Report regarding lack of snow fall.
					Sec. 219. Gulf Coast Disaster Loan Refinancing
				program.
					Title III—Oversight
					Sec. 301. Reports on disaster assistance.

			IPlanning
			101.Comprehensive
			 disaster response planThe
			 Small Business Act is amended by redesignating section 37 as section 99 and by
			 inserting after section 36 the following:

					37.Comprehensive
				disaster response plan
						(a)Plan
				requiredThe Administrator
				shall develop, implement, and maintain a comprehensive written disaster
				response plan. The plan shall include the following:
							(1)For each region of
				the Administration, a description of the disasters most likely to occur in that
				region.
							(2)For each disaster
				described under paragraph (1)—
								(A)an assessment of
				the disaster;
								(B)an assessment of
				the demand for Administration assistance most likely to occur in response to
				the disaster;
								(C)an assessment of
				the needs of the Administration, with respect to such resources as information
				technology, telecommunications, human resources, and office space, to meet the
				demand referred to in subparagraph (B); and
								(D)guidelines
				pursuant to which the Administration will coordinate with other Federal
				agencies and with State and local authorities to best respond to the demand
				referred to in subparagraph (B) and to best use the resources referred to in
				that subparagraph.
								(b)Completion;
				revisionThe first plan required by subsection (a) shall be
				completed not later than 180 days after the date of the enactment of this
				section. Thereafter, the Administrator shall update the plan on an annual basis
				and following any incident of national significance (as declared by the
				President or his designee).
						(c)Knowledge
				requiredThe Administrator
				shall carry out subsections (a) and (b) through an individual with substantial
				knowledge in the field of disaster readiness and emergency response.
						(d)ReportThe
				Administrator shall include a report on the plan whenever the Administrator
				submits the report required by section
				47(a).
						.
			102.Annual disaster
			 simulation exerciseThe Small
			 Business Act is amended by inserting after section 37 (as added by section 101)
			 the following:

					38.Annual disaster
				simulation exercise
						(a)Exercise
				requiredThe Administrator
				shall conduct a disaster simulation exercise at least once each fiscal year.
				The exercise shall include the participation of, at a minimum, not less than
				half of the individuals in the disaster reserve corps and shall test, at
				maximum capacity, all of the information technology and telecommunications
				systems of the Administration that are vital to the activities of the
				Administration during such a disaster.
						(b)ReportThe
				Administrator shall include a report on the disaster simulation exercise
				whenever the Administration submits the report required by section
				47(a).
						.
			103.Disaster reserve
			 corpsThe Small Business Act
			 is amended by inserting after section 38 (as added by section 102) the
			 following:

					39.Disaster reserve
				corps
						(a)Corps
				requiredThe Administrator shall maintain within the
				Administration a disaster reserve corps, the purpose of which is to perform the
				functions of the Administration related to disaster response. The corps shall
				consist of at least 1,000 individuals, each of whom—
							(1)does not
				ordinarily have the duties of a full-time officer or employee of the
				Administration; but
							(2)is able to assume
				duties related to disaster response when the Administrator so requires.
							(b)TrainingThe Administrator shall ensure that each
				individual in the corps receives training each year in one or more functions
				relating to disaster response. To the maximum extent practicable, the function
				in which an individual is trained in one year shall be different from the
				function in which the individual was trained in prior years.
						(c)Geographic
				distributionThe Administrator shall ensure that not more than 30
				percent of the individuals in the corps reside in any one region of the
				Administration.
						(d)ReportThe
				Administrator shall include a report on the corps whenever the Administration
				submits the report required by section
				47(a).
						.
			104.Plans to secure
			 additional office spaceThe
			 Small Business Act is amended by inserting after section 39 (as added by
			 section 103) the following:

					40.Plans to secure
				additional office space
						(a)Plans
				requiredThe Administrator
				shall develop long-term plans to secure additional office space to accommodate
				an expanded workforce in times of disaster.
						(b)ReportThe
				Administrator shall include a report on the plans whenever the Administration
				submits the report required by section
				47(a).
						.
			105.Coordination of
			 disaster assistance programs with FEMAThe Small Business Act is amended by
			 inserting after section 40 (as added by section 104) the following:

					41.Coordination of
				disaster assistance programs with FEMA
						(a)Coordination
				requiredThe Administrator
				shall ensure that the disaster assistance programs of the Administration are
				coordinated, to the maximum extent practicable, with the disaster assistance
				programs of the Federal Emergency Management Agency.
						(b)Regulations
				requiredThe Administrator, in consultation with the Director of
				the Federal Emergency Management Agency, shall establish regulations to ensure
				that each application for disaster assistance is submitted as quickly as
				practicable to the Administration or directed to the appropriate agency under
				the circumstances.
						(c)Completion;
				revisionThe initial regulations shall be completed not later
				than 270 days after the date of the enactment of this section. Thereafter, the
				regulations shall be revised on an annual basis.
						(d)ReportThe
				Administrator shall include a report on the regulations whenever the
				Administration submits the report required by section
				47(a).
						.
			106.Associate
			 Administrator for Disaster AssistanceThe Small Business Act is amended by
			 inserting after section 41 (as added by section 105) the following:

					42.Associate
				Administrator for Disaster Assistance
						(a)In
				generalThere is established in the Administration an Associate
				Administrator for Disaster Assistance, appointed by the President by and with
				the advice and consent of the Senate, from among individuals who have—
							(1)proven management
				ability; and
							(2)substantial
				knowledge in the field of disaster readiness and emergency response.
							(b)Director of
				Disaster Planning
							(1)AppointmentThere is established in the Administration
				a Director for Disaster Planning, appointed by the Administrator from among the
				personnel of the Administration.
							(2)DutiesSubject
				to the authority, direction, and control of the Associate Administrator for
				Disaster Assistance, the Director shall—
								(A)develop and
				implement the Administration’s plans for responding to disasters; and
								(B)direct the
				Administration’s training exercises with respect to disasters.
								(3)CoordinationIn
				carrying out the duties under paragraph (2), the Director shall coordinate
				with—
								(A)the Associate
				Administrator for the Office of Disaster Assistance of the
				Administration;
								(B)the Director of
				the Federal Emergency Management Agency; and
								(C)other Federal,
				State, and local disaster planning offices, as necessary.
								(c)Director of
				Disaster Lending
							(1)AppointmentThere is established in the Administration
				a Director for Disaster Lending, appointed by the Administrator from among the
				personnel of the Administration.
							(2)DutiesSubject to the authority, direction, and
				control of the Associate Administrator for Disaster Assistance, the Director
				shall direct all aspects of the disaster lending program under section
				7(b).
							(d)ResourcesThe
				Administrator shall ensure that the Associate Administrator for Disaster
				Assistance, the Director of Disaster Planning, and the Director of Disaster
				Lending have adequate resources to carry out the duties under this
				section.
						.
			IILending
			201.Incidents of
			 National Significance
				(a)Disaster loans
			 to private nonprofit organizationsSection 7(b)(2) of the Small Business Act
			 (15 U.S.C.
			 636(b)(2)) is amended—
					(1)in subparagraph
			 (D) by striking the period at the end and inserting ; or;
			 and
					(2)by inserting after
			 subparagraph (D) the following:

							(E)an incident of
				national significance, as declared by the President or his designee, in which
				case assistance under this paragraph may be provided, subject to the other
				applicable requirements of this paragraph, to a private nonprofit organization
				(as that term is defined in section 29(a)(2)) that is located in an area
				affected by the incident of national
				significance.
							.
					(b)Mitigation loans
			 to small business concernsSection 7 of the Small Business Act
			 (15 U.S.C.
			 636) is amended by inserting after subsection (d) the
			 following:

						(e)Disaster
				mitigation loans
							(1)AuthorityThe Administrator may make or guarantee a
				mitigation loan to a small business concern that receives a loan under section
				7(b)(1)(A) for the damage or destruction, by reason of an incident of national
				significance (as declared by the President or his designee), of property owned
				by the small business concern.
							(2)Amount of
				loanThe amount of a loan
				under paragraph (1) shall not exceed 20 percent of the total amount of the cost
				of the damage or destruction referred to in paragraph (1). The total amount
				shall be calculated without regard for any costs for which the small business
				concern is reimbursed under any insurance policy or
				otherwise.
							.
				(c)Applicability
			 for fiscal year 2006 to Hurricanes Katrina, Rita, and Wilma
					(1)In
			 generalFor fiscal year 2006, the Administrator—
						(A)may carry out subsection (e) of section 7
			 of the Small Business Act (as added by subsection (b) of this section) with
			 respect to a private nonprofit organization that was located, as of August 28,
			 2005, in a hurricane-affected area; and
						(B)may carry out such subsection (e) with
			 respect to a small business concern that was located, as of August 28, 2005, in
			 a hurricane-affected area, for damage or destruction by reason of Hurricane
			 Katrina, Hurricane Rita, or Hurricane Wilma.
						(2)Hurricane-affected
			 area definedIn this section,
			 the term hurricane-affected area means a county or parish in the
			 State of Alabama, Florida, Mississippi, Louisiana, or Texas, that has been
			 designated by the Administrator of the Small Business Administration as a
			 disaster area by reason of Hurricane Katrina, Hurricane Rita, or Hurricane
			 Wilma under disaster declaration 10176, 10177, 10178, 10179, 10180, 10181,
			 10203, 10204, 10205, 10206, 10222, or 10223.
					202.Information
			 tracking and follow-up systemThe Small Business Act is amended by
			 inserting after section 42 (as added by section 106) the following:

					43.Information
				tracking and follow-up system for disaster assistance
						(a)System
				requiredThe Administrator shall develop, implement, and maintain
				a centralized information system to track communications between personnel of
				the Administration and applicants for disaster assistance. The system shall
				ensure that whenever an applicant for disaster assistance communicates with
				such personnel on a matter relating to the application, the following
				information is recorded:
							(1)The method of
				communication.
							(2)The date of
				communication.
							(3)The identity of
				the personnel.
							(4)A summary of the
				subject matter of the communication.
							(b)Follow-up
				requiredThe Administrator shall ensure that an applicant for
				disaster assistance receives, by telephone, mail, or electronic mail, follow-up
				communications from the Administration at all critical stages of the
				application process, including the following:
							(1)When the
				Administration determines that additional information or documentation is
				required to process the application.
							(2)When the
				Administration determines whether to approve or deny the loan.
							(3)When the primary
				contact person managing the loan application has
				changed.
							.
			203.Immediate
			 Disaster Assistance programThe Small Business Act is amended by
			 inserting after section 43 (as added by section 202) the following:

					44.Immediate
				Disaster Assistance program
						(a)Program
				requiredThe Administrator shall carry out a program, to be known
				as the Immediate Disaster Assistance program, under which the Administration
				participates on a deferred (guaranteed) basis in 85 percent of the balance of
				the financing outstanding at the time of disbursement of the loan if such
				balance is less than or equal to $25,000 for businesses affected by a
				disaster.
						(b)Eligibility
				requirementTo receive a loan guaranteed under subsection (a),
				the applicant must also apply for, and meet basic eligibility standards for, a
				loan under section 7(b).
						(c)Use of
				proceedsA person who receives a loan under section 7(b) must use
				the proceeds of that loan to repay all loans guaranteed under subsection (a),
				if any, before using the proceeds for any other purpose.
						(d)Approval or
				disapprovalThe Administrator
				shall ensure that each applicant for a loan under the program receives a
				decision approving or disapproving of the application within 36 hours after the
				Administration receives the
				application.
						.
			204.Increased
			 deferment periodSection 7 of
			 the Small Business Act (15 U.S.C. 636) is amended by
			 inserting after subsection (e) (as added by section 201(b)) the
			 following:

					(f)Additional
				requirements for 7(b) loans
						(1)Increased
				deferment authorized
							(A)In
				generalIn making loans under
				section 7(b), the Administrator may provide, to the person receiving the loan,
				an option to defer repayment on the loan.
							(B)PeriodA
				deferment under subparagraph (A) may not exceed 4
				years.
							.
			205.Revised
			 repayment termsSection 7 of
			 the Small Business Act (15 U.S.C. 636) is amended in
			 subsection (f) by adding after paragraph (1) (as added by section 204) the
			 following:

					(2)Revised
				repayment termsIn making loans under section 7(b), the
				Administrator—
						(A)shall not require
				repayment to be made until 12 months after the date on which the final
				disbursement of approved amounts is made; and
						(B)shall calculate the amount of repayment
				based solely on the amounts
				disbursed.
						.
			206.Revised
			 disbursement processSection 7
			 of the Small Business Act (15 U.S.C. 636) is amended in
			 subsection (f) by adding after paragraph (2) (as added by section 205) the
			 following:

					(3)Revised
				disbursement processIn making loans under section 7(b), the
				Administrator shall disburse the loan amounts in stages as follows:
						(A)Loans up to
				$150,000If the total amount approved is less than or equal to
				$150,000—
							(i)the first
				disbursement shall consist of 40 percent of the total loan amount, or a lesser
				percentage of the total loan amount if the Administrator and the borrower agree
				on such a lesser percentage;
							(ii)the second
				disbursement shall consist of 50 percent of the amounts that remain after the
				first disbursement, and shall be made when the borrower has produced
				satisfactory receipts to demonstrate the proper use of the first half of the
				first disbursement; and
							(iii)the third
				disbursement shall consist of the amounts that remain after the preceding
				disbursements, and shall be made when the borrower has produced satisfactory
				receipts to demonstrate the proper use of the first disbursement and the first
				half of the second disbursement.
							(B)Loans from
				$150,000 to $500,000If the total amount approved is more than
				$150,000 but less than or equal to $500,000—
							(i)the first
				disbursement shall consist of 20 percent of the total loan amount, or a lesser
				percentage if the Administrator and the borrower agree on such a lesser
				percentage;
							(ii)the second
				disbursement shall consist of 30 percent of the total loan amount remaining
				after the first disbursement, and shall be made when the borrower has produced
				satisfactory receipts to demonstrate the proper use of the first half of the
				first disbursement;
							(iii)the third
				disbursement shall consist of 25 percent of the total loan amount remaining
				after the first and second disbursements, and shall be made when the borrower
				has produced satisfactory receipts to demonstrate the proper use of the first
				disbursement and the first half of the second disbursement; and
							(iv)the fourth
				disbursement shall consist of the amounts that remain after the preceding
				disbursements, and shall be made when the borrower has produced satisfactory
				receipts to demonstrate the proper use of the first and second disbursements
				and the first half of the third disbursement.
							(C)Loans greater
				than $500,000If the total amount approved is more than
				$500,000—
							(i)the first disbursement shall consist of at
				least $100,000, or a lesser amount if the Administrator and the borrower agree
				on such a lesser amount; and
							(ii)the number of
				disbursements after the first, and the amount of each such disbursement, shall
				be in the discretion of the Administrator, but the amount of each such
				disbursement shall be not less than
				$100,000.
							.
			207.Revised
			 collateral requirementsSection 7 of the Small Business Act is
			 amended in subsection (f) by adding after paragraph (3) (as added by section
			 206) the following:

					(4)Revised
				collateral requirementsIn making a business loan under section
				7(b), the total approved amount of which is less than or equal to $100,000, the
				Administrator shall not require the borrower to use the borrower’s home as
				collateral.
					.
			208.Enhanced lending
			 authority for private lendersThe Small Business Act is amended by
			 inserting after section 44 (as added by section 203) the following:

					45.Enhanced lending
				authority for private lenders
						(a)Program
				authorizedThe Administrator
				may, and during a period specified in subsection (b) shall, carry out a program
				under which the Administrator permits banks and other financial institutions to
				process, approve, close, and service disaster loans under section 7(b) for a
				fee not to exceed 2 percent of the total loan amount.
						(b)Periods during
				which program is requiredThe
				program under subsection (a) is required to be carried out during the following
				periods:
							(1)Any period of an incident of national
				significance (as declared by the President or his designee).
							(2)Any period during
				which the average time for the Administration to approve disaster loans in
				response to any single disaster is 30 days or more.
							(c)Exclusion of
				lendersIf the number or rate of defaults on loans processed,
				approved, and closed by a lender under the program under subsection (a) are
				inordinate, as determined by the Administrator, the Administrator may do any
				one or more of the following:
							(1)Exclude the lender
				from participating in the program under subsection (a).
							(2)Exclude the lender
				from participating in the Preferred Lenders Program under section
				7(a)(2)(C)(ii).
							(d)Factor in
				Preferred Lenders ProgramIn determining whether a lender is to
				be certified or recertified to participate in the Preferred Lenders Program
				under section 7(a)(2)(C)(ii), the Administrator may consider as a factor the
				following:
							(1)The loans
				processed, approved, and closed by the lender under the program under
				subsection (a).
							(2)The participation or
				non-participation of the lender in the program under subsection
				(a).
							.
			209.Disaster
			 processing redundancyThe
			 Small Business Act is amended by inserting after section 45 (as added by
			 section 208) the following:

					46.Disaster
				processing redundancy
						(a)In
				generalThe Administrator shall ensure that the Administration
				has in place a facility for disaster loan processing that, whenever the
				Administration’s primary facility for disaster loan processing becomes
				unavailable, is able to take over all disaster loan processing from that
				primary facility within 2 days.
						(b)Authorization of
				appropriationsThere are authorized to be appropriated to carry
				out this section such sums as may be
				necessary.
						.
			210.Grant
			 programSection 7(b) of the
			 Small Business Act (15 U.S.C. 636(b)) is amended by
			 inserting immediately after paragraph (3) the following:

					(4)Grants to
				disaster-affected small businesses
						(A)In
				generalThe Administrator may make a grant of up to $100,000 to a
				small business concern that—
							(i)was located in a designated disaster area
				affected by disaster declaration 10176, 10177, 10178, 10179, 10180, 10181,
				10203, 10204, 10205, 10206, 10222, or 10233, and was located in a county or
				parish that, as a result of Hurricanes Katrina, Rita, or Wilma of 2005,
				experienced a loss of at least 100 housing units, experienced a loss of at
				least 1 percent of available housing stock, and required Federal infrastructure
				assistance of a least $200,000;
							(ii)submits to the Administrator a
				certification by the owner of the concern of intent to reestablish the concern
				in the same county or parish in which the business was originally located, or
				in any other county or parish described in clause (i);
							(iii)has applied for,
				and was rejected for, a conventional disaster assistance loan under section
				7(b); and
							(iv)was in existence
				for at least 2 years before the date on which the applicable disaster
				declaration was made.
							(B)PriorityIn
				making grants under this paragraph, the Administrator shall give priority to a
				small business concern that the Administrator determines is economically viable
				but unable to meet short-term financial obligations.
						(C)DefinitionIn this paragraph, the term
				disaster-affected area means an area that has been designated by
				the Administrator as a disaster area.
						(D)Authorization of
				appropriationsThere are authorized to be appropriated for grants
				under this paragraph such funds as may be
				necessary.
						.
			211.Hurricane
			 Assistance Replacement Grant Program
				(a)Program
			 establishedThe Administrator
			 may carry out a program under which the Administrator may, in the
			 Administrator’s discretion, make grants to individuals who—
					(1)are victims of a disaster under disaster
			 declaration 10176, 10177, 10178, 10179, 10180, 10181, 10203, 10204, 10205,
			 10206, 10222, or 10223; and
					(2)receive (whether
			 before, on, or after the date of the enactment of this Act) 7(b) disaster
			 assistance because of that disaster.
					(b)Authorization of
			 appropriationsThere are authorized to be appropriated such sums
			 as may be necessary to carry out this section.
				(c)EligibilityAn
			 individual is eligible to receive a grant under this section only if the
			 individual—
					(1)receives benefits
			 (other than the 7(b) disaster assistance) because of the disaster; and
					(2)is required to
			 remit those benefits to the Small Business Administration because of a
			 duplication of benefits.
					(d)AmountThe
			 amount of a grant under this section to an individual shall not exceed the
			 amount of the benefits required to be remitted by the individual, as described
			 in subsection (c).
				(e)TimeThe
			 Administrator shall ensure that, to the maximum extent practicable, a grant
			 made under this section is made—
					(1)concurrent with
			 the Administration’s receipt of the remittance, if the remittance is made after
			 the date of the enactment of this Act; and
					(2)as soon as
			 possible after the Administration’s receipt of the remittance, in all other
			 cases.
					(f)Treatment of
			 GrantsGrants made under this
			 section shall not be considered a duplication of benefits by the
			 Administrator.
				(g)DefinitionsIn
			 this section:
					(1)The term
			 Administrator means the Administrator of the Small Business
			 Administration.
					(2)The term 7(b) disaster
			 assistance means assistance under paragraph (1) or (2) of section
			 7(b)(2) of the Small Business Act (15 U.S.C.
			 636(b)).
					212.Increase
			 legislative limitSection
			 7(b)(3)(E) of the Small Business Act (15 U.S.C. 636(b)(3)(E)) is amended
			 by striking $1,500,000 and inserting $3,000,000
			 both places such term appears.
			213.Net earnings
			 clauses prohibitedSection 7
			 of the Small Business Act is amended in subsection (f) by adding after
			 paragraph (4) (as added by section 207) the following:

					(5)Net earnings
				clauses prohibitedIn making loans under section 7(b), the
				Administrator shall not require the borrower to pay any non-amortized amount
				for the first 5 years after repayment
				begins.
					.
			214.Economic injury
			 disaster loans to nonprofits
				(a)In
			 generalSection 7 of the
			 Small Business Act (15 U.S.C. 636) is amended in
			 subsection (b)(2)—
					(1)in the matter
			 preceding subparagraph (A)—
						(A)by inserting after
			 small business concern the following: , private nonprofit
			 organization,; and
						(B)by inserting after
			 the concern the following: , organization,;
			 and
						(2)in subparagraph
			 (D) by inserting after small business concerns the following:
			 , private nonprofit organizations,.
					(b)Conforming
			 amendmentSuch section is
			 further amended in subsection (c)(5)(C) by inserting after
			 business the following: , organization,.
				215.Applicants that
			 will constitute a major source of employment due to changed economic
			 circumstancesSection
			 7(b)(3)(E) of the Small Business Act (15 U.S.C. 636(b)(3)(E)) is amended
			 by inserting after constitutes the following: , or will
			 due to changed economic circumstances constitute,.
			216.Preliminary
			 application process for assistance for small business concerns with essential
			 employees ordered to serve on active duty in the Armed ForcesSection 7(b)(3) of the Small Business Act
			 (15 U.S.C.
			 636(b)(3)) is amended—
				(1)in
			 subparagraph (C)—
					(A)by striking
			 90 days and inserting 1 year; and
					(B)by adding at the
			 end the following: The Administrator may, when appropriate (as
			 determined by the Administrator), waive the ending date specified in the
			 preceding sentence and provide a later ending date.; and
					(2)by adding at the
			 end the following new subparagraph:

						(G)The Administrator shall establish a process
				under which a small business concern described in subparagraph (B) may file a
				preliminary application for assistance under this paragraph, accompanied by
				supporting documentation, before the date on which the essential employee is
				ordered to active duty. The Administrator may not actively consider such an
				application or provide assistance to the small business concern based on such
				an application until the date on which the essential employee is ordered to
				active
				duty.
						.
				217.Economic injury
			 disaster loans in cases of ice storms and blizzardsSection 3(k)(2) of the Small Business Act
			 (15 U.S.C.
			 632(k)(2)) is amended—
				(1)in subparagraph
			 (A) by striking and;
				(2)in subparagraph
			 (B) by striking the period at the end and inserting ; and;
			 and
				(3)by adding at the
			 end the following:

						(C)ice storms and
				blizzards.
						.
				218.Report
			 regarding lack of snow fallNot later that 6 months after the date of
			 enactment of this Act, the Administrator of the Small Business Administration
			 shall conduct a study of, and submit a report to the Committee on Small
			 Business of the House of Representatives and the Committee on Small Business
			 and Entrepreneurship of the Senate that describes—
				(1)the ability of the
			 Administrator to provide loans under section 7(b)(2) of the Small Business Act
			 (15 U.S.C.
			 636(b)(2)) to small business concerns that depend on high snow
			 fall amounts and sustain economic injury (as described under that section) due
			 to a lack of snow fall;
				(2)the criteria the
			 Administrator would use to determine whether to provide a loan under section
			 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2))
			 to a small business concern that has been adversely affected by a lack of snow
			 fall;
				(3)other Federal
			 assistance (including loans) available to small business concerns that are
			 adversely affected by a lack of snow fall; and
				(4)the history
			 relating to providing loans under section 7(b)(2) of the Small Business Act
			 (15 U.S.C.
			 636(b)(2)) to small business concerns that have been adversely
			 affected by a lack of snow fall.
				219.Gulf Coast
			 Disaster Loan Refinancing Program
				(a)In
			 generalThe Administrator of the Small Business Administration
			 may carry out a program to refinance Gulf Coast disaster loans.
				(b)TermsThe terms of a Gulf Coast disaster loan
			 refinanced under the program shall be identical to the terms of the original
			 loan, except that the Administrator may provide an option to defer repayment on
			 the loan. Such a deferment may not exceed 4 years after the date on which the
			 initial disbursement under the original loan was made.
				(c)AmountThe
			 amount of a Gulf Coast disaster loan refinanced under the program shall not
			 exceed the amount of the original loan.
				(d)Disclosure of
			 accrued interestWhenever the Administrator provides an option to
			 defer repayment under subsection (b), the Administrator shall disclose the
			 accrued interest that must be paid under the option.
				(e)DefinitionIn
			 this section, the term Gulf Coast disaster loan means a
			 loan—
					(1)made under section
			 7(b) of the Small Business Act;
					(2)in response to Hurricane Katrina, Hurricane
			 Rita, or Hurricane Wilma of 2005; and
					(3)for a small business located in a county or
			 parish designated by the Administrator as a disaster area by reason of such
			 Hurricane Katrina, Hurricane Rita, or Hurricane Wilma under disaster
			 declaration 10176, 10177, 10178, 10179, 10180, 10181, 10203, 10204, 10205,
			 10206, 10222, or 10223.
					(f)Authorization of
			 appropriationsThere are
			 authorized to be appropriated such sums as may be necessary to carry out this
			 section.
				IIIOversight
			301.Reports on
			 disaster assistanceThe Small
			 Business Act is amended by inserting after section 46 (as added by section 209)
			 the following:

					47.Reports on
				disaster assistance
						(a)Annual report
				requiredNot later than 45
				days after the end of a fiscal year, the Administrator shall submit to the
				Committee on Small Business of the Senate and the Committee on Small Business
				of the House of Representatives a report on the disaster assistance operations
				of the Administration for that fiscal year. The report shall—
							(1)specify the number
				of Administration personnel involved in such operations;
							(2)describe any
				material changes to those operations, such as changes to technologies used or
				to personnel responsibilities;
							(3)describe and
				assess the effectiveness of the Administration in responding to disasters
				during that fiscal year, including a description of the number and amounts of
				loans made for damage and for economic injury; and
							(4)describe the plans
				of the Administration for preparing to respond to disasters during the next
				fiscal year.
							(b)Incidents of
				national significanceDuring the period of an incident of
				national significance (as declared by the President or his designee), the
				Administrator shall, on a monthly basis, submit to the committees specified in
				subsection (a) a report on the disaster assistance operations of the
				Administration with respect to that incident of national significance. The
				report shall specify—
							(1)the number of
				applications distributed;
							(2)the number of
				applications received;
							(3)the average time
				for the Administration to approve or disapprove an application;
							(4)the amount of
				disaster loans approved;
							(5)the average time
				for initial disbursement of loan proceeds; and
							(6)the amount of
				disaster loan proceeds
				disbursed.
							.

			Passed the House of
			 Representatives April 18, 2007.
			Lorraine C. Miller,
			Clerk.Marjorie C. Kelaher,
			Deputy Clerk.

		August 3, 2007
		Read twice and placed on the calendar


114 HR 1363 IH: No Hungry Kids Act
U.S. House of Representatives
2015-03-13
text/xml
EN
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I
114th CONGRESS 1st Session
H. R. 1363
IN THE HOUSE OF REPRESENTATIVES

March 13, 2015
Mr. King of Iowa (for himself and Mr. Huelskamp) introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL
To repeal a certain rule relating to nutrition standards in the national school lunch and school breakfast programs, and for other purposes.

1.Short titleThis Act may be cited as the No Hungry Kids Act. 2.Repeal of ruleThe rule prescribed by the Food and Nutrition Service of the Department of Agriculture relating to nutrition standards in the national school lunch and school breakfast programs published on January 26, 2012 (77 Fed. Reg. 4088 et seq.), and revising parts 210 and 220 of title 7, Code of Federal Regulations, shall have no force or effect.
3.Limits on certain nutritional requirementsSection 9(a)(1)(A)(i) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(1)(A)(i)) is amended by inserting before the semicolon the following: , to establish a calorie maximum for individual school lunches, or to prohibit a child from eating a lunch provided by the child’s parent or legal guardian.


114 HR 822 IH: To amend title XVIII of the Social Security Act to require reporting of certain data by providers and suppliers of air ambulance services for purposes of reforming reimbursements for such services under the Medicare program, and for other purposes.
U.S. House of Representatives
2015-02-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 822
		IN THE HOUSE OF REPRESENTATIVES

			February 10, 2015
			Mr. Sessions (for himself, Mr. Meeks, Mr. Young of Indiana, and Mr. Johnson of Ohio) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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 amend title XVIII of the Social Security Act to require reporting of certain data by providers
			 and suppliers of air ambulance services for purposes of reforming
			 reimbursements for such services under the Medicare program, and for other
			 purposes.

 1.FindingsThe Congress finds the following: (1)Air medical critical care transport is an essential component of the healthcare system.
 (2)The presence of air medical services in rural areas provides tens of millions of rural Americans with access to critical care within an hour of injury.
 (3)As an emergency responder, air medical providers must maintain readiness 24 hours a day and 7 days a week.
 (4)Air medical providers transport all emergent patients for which they are dispatched regardless of insurance status or ability to pay.
 (5)The air ambulance fee schedule under the Medicare program was first implemented in 2002 and developed through negotiated rulemaking, which required the new fee schedule to be created in a budget neutral manner. As such, the Medicare air ambulance fee schedule has never reflected true costs.
 (6)Since the implementation of the air ambulance fee schedule under the Medicare program, reimbursements have only been adjusted by inflationary updates averaging 2.2 percent a year.
 (7)Operational readiness and safety enhancement costs have grown at a far faster rate than the Medicare inflationary updates, creating a fundamental imbalance within the air ambulance fee schedule.
 (8)It is imperative that balance be restored to the air ambulance fee schedule to preserve access to timely care for tens of millions of Americans.
 2.Air Ambulance Data Reporting ProgramSection 1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) is amended— (1)in paragraph (3)(B), by striking subparagraph (C) and inserting subparagraph (C) and paragraph (16); and
 (2)by adding at the end the following new paragraphs:  (16)Air Ambulance Data Reporting Program (A)Reduction in update for failure to report (i)In generalWith respect to air ambulance services furnished by a supplier or provider of air ambulance services during 2017 or any subsequent year, in the case the supplier or provider does not submit data to the Secretary in accordance with subparagraph (C) with respect to such year, after determining the percentage increase under paragraph (3)(B), and after application of paragraph (3)(C), the Secretary shall reduce such percentage increase for payments under the fee schedule under this subsection during such year by 2.0 percentage points.
 (ii)Special ruleThe application of this subparagraph may result in such percentage increase being less than 0.0 for a year, and may result in payment rates under the fee schedule under this subsection for a year being less than such payment rates for the preceding year.
 (B)Noncumulative applicationAny reduction under subparagraph (A) shall apply only with respect to the year involved and the Secretary shall not take into account such reduction in computing the payment amount under the fee schedule under this subsection for a subsequent year.
 (C)Submission of dataFor 2017 and each subsequent year, for purposes of this paragraph, each supplier or provider of air ambulance services shall submit to the Secretary data specified under subparagraph (D) for the reporting period (specified by the Secretary) for the year. Such data shall be submitted in a form and manner, and at a time, specified by the Secretary for purposes of this subparagraph.
 (D)DataFor purposes of reporting data for air ambulance services furnished during a year, the data described in this subparagraph are cost data on the following:
 (i)Maintenance of aircrafts. (ii)Medical supplies.
 (iii)Fuel. (iv)Employee expenses.
 (v)Recurring training relating to aviation, maintenance, communication, and clinical. (vi)Rent and utilities.
 (vii)Communications. (viii)Travel.
 (ix)Hull and aviation liability insurance, life insurance, and professional malpractice insurance. (x)Marketing.
 (xi)Supplies. (xii)Overhead support.
 (xiii)Aircraft ownership expenses. (xiv)Safety enhancement capital costs.
 (xv)Safety enhancement recurring costs. (E)Voluntary reporting on quality measuresNot later than January 1, 2018, the Secretary shall select no less than two quality measures with respect to which providers and suppliers of air ambulance services may voluntarily submit to the Secretary data. In selecting such measures, the Secretary shall consider the following:
 (i)Ventilator use in patients with advanced airways. (ii)Blood glucose check for altered mental status.
 (iii)Waveform capnography for ventilated patients. (iv)First attempt tracheal tube success.
 (v)DASH 1A-definitive airway sans hypoxia/hypotension on first attempt. (vi)Verification of tracheal tube placement.
 (vii)Medication errors on transport. (viii)Rapid sequence intubation protocol compliance.
 (ix)Unplanned dislodgements of therapeutic devices. (x)Rate of serious reportable events.
 (xi)Medical equipment failure. (F)Reports (i)By SecretaryNot later than July 1, 2019, subject to clause (iii), the Secretary shall submit to Congress a report on the data described in subparagraph (E) submitted to the Secretary.
 (ii)By Comptroller GeneralNot later than July 1, 2019, subject to clause (iii), the Comptroller General of the United States shall submit to Congress a report on the data described in subparagraph (D) and subparagraph (E) submitted under this paragraph. Such report shall include a recommendation on the adequate amount of reimbursement under this title to providers and suppliers of air ambulance services for furnishing such services that would reflect operational costs of such providers and suppliers and preserve access to critical air medical services and such other recommendations as the Comptroller General deems appropriate.
 (iii)LimitationThe reports submitted under subclauses (i) and (ii) shall not include any information that the Secretary or Comptroller General, respectively, determines is proprietary.
 (17)Increase in payment for air ambulance servicesIn the case of air ambulance services furnished on or after January 1, 2016, and before January 1, 2020, the Secretary shall provide for a percent increase in the base rate of the fee schedule established under this subsection—
 (A)during 2016, by 20 percent; and (B)during 2017 through 2019, by 5 percent..


		I
		112th CONGRESS
		2d Session
		H. R. 6345
		IN THE HOUSE OF REPRESENTATIVES

			August 2, 2012
			Mr. Pompeo (for
			 himself and Mr. Terry) introduced the
			 following bill; which was referred to the Committee on Energy and
			 Commerce

		A BILL
		To amend section 112(r) of the Clean Air Act (relating to
		  prevention of accidental releases).

		1.Short titleThis Act may be cited as the
			 General Duty Clarification Act of
			 2012.
		2.Prevention of
			 accidental releases
			(a)Purpose and
			 general dutyParagraph (1) of
			 section 112(r) of the Clean Air Act (42 U.S.C. 7412(r)) is amended—
				(1)by striking
			 It shall be the objective and inserting the following:

						(A)In
				generalIt shall be the
				objective
						;
				and
				(2)by adding at the
			 end the following:

						(B)Regulations
							(i)LimitationNo
				entity may be found to be in violation of this paragraph until the
				Administrator promulgates final regulations under clause (ii) and issues
				internal enforcement guidelines under clause (iii).
							(ii)RegulationsThe
				Administrator shall promulgate regulations establishing criteria defining, for
				purposes of this paragraph, the terms extremely hazardous
				substance, appropriate hazard assessment techniques, and
				design and maintain a safe facility.
							(iii)UniformitySubsequent to the promulgation of final
				regulations under clause (ii), the Administrator shall issue guidelines to
				ensure that enforcement of this paragraph is handled by the regional offices of
				the Environmental Protection Agency in a uniform and appropriate manner across
				all regions of the United
				States.
							.
				(b)Definition of
			 accidental releaseSubparagraph (A) of section 112(r)(2) of the
			 Clean Air Act (42 U.S.C. 7412(r)(2)) is amended by inserting before the period
			 at the end the following: , other than such an emission resulting from
			 an intentional act.


I
108th CONGRESS 2d Session
H. R. 5021
IN THE HOUSE OF REPRESENTATIVES

September 7, 2004
Mr. Pascrell introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To suspend temporarily the duty on certain pepperoncini prepared or preserved otherwise than by vinegar or acetic acid in concentrations less than .5%.

1.Certain pepperoncini prepared or preserved otherwise than by vinegar or acetic acid in concentrations less than .5%
(a)In generalSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

9902.20.07 Pepperoncini, prepared or preserved otherwise than by vinegar or acetic acid in concentrations less than .5% (provided for in subheading 2005.90.97)FreeNo changeNo changeOn or before 12/31/2007 .
(b)Effective dateThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.


116 HR 1444 IH: Forest Recovery Act
U.S. House of Representatives
2019-02-28
text/xml
EN
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I116th CONGRESS1st SessionH. R. 1444IN THE HOUSE OF REPRESENTATIVESFebruary 28, 2019Mr. Carter of Georgia (for himself, Mr. Austin Scott of Georgia, Ms. Pingree, Mr. Hice of Georgia, Mr. Marshall, Mr. Cartwright, Mr. Westerman, Mr. Babin, Mr. Tipton, Mr. Dunn, Mr. Kelly of Mississippi, and Mr. Guest) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to provide a special rule for certain casualty losses of
			 uncut timber.

 1.Short titleThis Act may be cited as the Forest Recovery Act. 2.Casualty losses of uncut timber (a)In generalSection 165(b) of the Internal Revenue Code of 1986 is amended—
 (1)by striking For purposes of subsection (a) and inserting the following:  (1)In generalFor purposes of subsection (a), and
 (2)by adding at the end the following new paragraph:  (2)Special rule for casualty loss of uncut timber (A)In generalIn the case of the loss of any uncut timber from fire, storm, or other casualty, or from theft, the basis for determining the amount of the deduction for such loss (as otherwise determined under paragraph (1)) shall not be less than the excess of—
 (i)the fair market value of such uncut timber determined immediately before such loss was sustained, over
 (ii)the salvage value of such timber. (B)Exclusion of timber not held for saleSubparagraph (A) shall not apply to any timber unless such timber is held for the purpose of being cut and sold.
 (C)Inclusion of pre-merchantable timberFor purposes of this paragraph, the term uncut timber shall not fail to include pre-merchantable timber. (D)Reforestation requirementSubparagraph (A) shall not apply unless the uncut timber subject to the loss is reforested (with hardwoods, softwoods, or any combination thereof) by planting, seeding, or appropriate site preparation, not later than the close of the 5-year period beginning on the date of such loss..
 (b)Exception to repeal of personal casualty lossesSection 165(h)(5)(A) is amended by inserting or a loss of uncut timber (within the meaning of subsection (b)(2)) to which subsection (b)(2)(A) applies after Federally declared disaster (as defined in subsection (i)(5)).
 (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.


117 HR 864 IH: No Social Security for Illegal Aliens Act of 2021
U.S. House of Representatives
2021-02-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 864IN THE HOUSE OF REPRESENTATIVESFebruary 5, 2021Mr. Brooks (for himself, Mr. Duncan, Mr. Posey, Mr. Bilirakis, Mr. Budd, Mr. Massie, Mr. Perry, Mrs. Lesko, Mr. Babin, Mr. Weber of Texas, Mr. Rosendale, Mr. Norman, Mr. Hice of Georgia, Mr. Bishop of North Carolina, Mr. Gosar, Mr. LaMalfa, Mr. Moore of Alabama, Mr. Gaetz, and Mr. Gibbs) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend title II of the Social Security Act to exclude from creditable wages and self-employment income wages earned for services by aliens illegally performed in the United States and self-employment income derived from a trade or business illegally conducted in the United States.1.Short titleThis Act may be cited as the No Social Security for Illegal Aliens Act of 2021.2.Exclusion of unauthorized employment from employment upon which creditable wages may be basedSection 210(a)(19) of the Social Security Act (42 U.S.C. 410(a)(19)) is amended—(1)by striking (19) Service and inserting the following:(19)(A)Service performed by an alien while employed in the United States for any period during which the alien is not authorized to be so employed;(B)Service.3.Exclusion of unauthorized functions and services from trade or business from which creditable self-employment income may be derivedSection 211(c) of the Social Security Act (42 U.S.C. 411(c)) is amended—(1)in paragraph (5), by striking or at the end;(2)in paragraph (6), by striking him. and inserting him; or; and(3)by inserting after paragraph (6) the following new paragraph:(7)The performance of a function or service in the United States by an alien during any period for which the alien is not authorized to perform such function or service in the United States..4.Effective dateThe amendments made by this Act shall apply with respect to wages earned, and self-employment income derived, before, on, or after the date of the enactment of this Act. Notwithstanding section 215(f)(1) of the Social Security Act (42 U.S.C. 415(f)(1)), as soon as practicable after the date of the enactment of this Act, the Commissioner of Social Security shall recompute all primary insurance amounts to the extent necessary to carry out such amendments. Such amendments shall affect benefits only for months after the date of the enactment of this Act.


113 S788 PCS: To suspend the fiscal year 2013 sequester and establish limits on war-related spending.
U.S. Senate
2013-04-23
text/xml
EN
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		II
		Calendar No. 64
		113th CONGRESS
		1st Session
		S. 788
		IN THE SENATE OF THE UNITED STATES

			April 23, 2013
			Mr. Reid introduced the
			 following bill; which was read the first time

			April 24, 2013
			Read the second time and placed on the
			 calendar

		A BILL
		To suspend the fiscal year 2013 sequester and establish
		  limits on war-related spending.

		1.Suspension of the 2013
			 sequesterNotwithstanding the
			 sequestration order issued by the President pursuant to section 251A(7)(A) of
			 the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
			 901a(7)(A)), there shall be available for the Federal Government for fiscal
			 year 2013 the amount that would have been made available for the Federal
			 Government for fiscal year 2013 but for sections 251 and 251A of the Balanced
			 Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901 and 901a),
			 sections 3001 and 3004 of the Consolidated and Further Continuing
			 Appropriations Act, 2013, and any sequestration order issued by the
			 President.
		2.Amendment to OCO
			 adjustmentsSection 251 of the
			 Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901) is
			 amended—
			(1)in subsection
			 (a), by striking paragraph (2) and inserting the following:

					(2)Eliminating a
				breach
						(A)In
				generalEach nonexempt account within a category shall be reduced
				by a dollar amount calculated by multiplying the enacted level of sequesterable
				budgetary resources in that account at that time by the uniform percentage
				necessary to eliminate a breach within that category.
						(B)Overseas
				contingenciesAny amount of budget authority for overseas
				contingency operations and related activities for fiscal years 2014 through
				2016 in excess of the levels set in subsection 251(b)(2)(E) shall be counted in
				determining whether a breach has occurred in the security
				category.
						;
				and
			(2)in subsection
			 (b)(2)—
				(A)in subparagraph
			 (A)(ii), by inserting for fiscal years 2017 through 2021, before
			 the Congress; and
				(B)by inserting at
			 the end the following:

						(E)Overseas
				contingency operations/global war on terrorismIf, for fiscal
				years 2014 through 2016, appropriations for discretionary accounts are enacted
				that Congress designates for Overseas Contingency Operations/Global War on
				Terrorism in statute on an account by account basis, the adjustment for the
				fiscal year shall be the total of such appropriations for the fiscal year in
				discretionary accounts designated as being for Overseas Contingency
				Operations/Global War on Terrorism, but not to exceed—
							(i)for fiscal year
				2014, $92,289,000,000 in additional new budget authority;
							(ii)for fiscal year
				2015, $37,283,000,000 in additional new budget authority; and
							(iii)for fiscal year
				2016, $37,283,000,000 in additional new budget
				authority.
							.

		April 24, 2013
		Read the second time and placed on the
		  calendar


116 HR 711 IH: To require the Comptroller General of the United States to conduct a study and submit a report on filing requirements under the Universal Service Fund programs.
U.S. House of Representatives
2019-01-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 711IN THE HOUSE OF REPRESENTATIVESJanuary 22, 2019Mr. Young (for himself and Mr. Loebsack) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo require the Comptroller General of the United States to conduct a study and submit a report on
			 filing requirements under the Universal Service Fund programs.

		1.Study and report on filing requirements under Universal Service Fund programs
 (a)DefinitionsIn this section— (1)the term Administrative Procedure Act means subchapter II of chapter 5 of title 5, United States Code;
 (2)the term Commission means the Federal Communications Commission; (3)the term covered carrier means an eligible telecommunications carrier or service provider that receives universal service support under sections 214(e) and 254 of the Communications Act of 1934 (47 U.S.C. 214(e) and 254) for the provision of service under a Universal Service Fund program; and
 (4)the term Universal Service Fund program means each program of the Commission set forth under part 54 of title 47, Code of Federal Regulations, or any successor thereto, including—
 (A)the Connect America Fund set forth under subpart D of that part; (B)the Lifeline program set forth under subpart E of that part;
 (C)the E-Rate program set forth under subpart F of that part; (D)the Rural Health Care program set forth under subpart G of that part;
 (E)the Remote Areas Fund set forth under subpart J of that part; (F)the Connect America Fund Broadband Loop Support program set forth under subpart K of that part;
 (G)the Mobility Fund set forth under subpart L of that part; and (H)the High Cost Loop Support for Rate-of-Return Carriers program set forth under subpart M of that part.
 (b)Study and reportNot later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Commission, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives a report, which shall include—
 (1)an analysis of the filing requirements for covered carriers participating in a Universal Service Fund program, including any filings required by the Universal Service Administrative Company;
 (2)an analysis of the financial impact of those filing requirements on covered carriers participating in a Universal Service Fund program; and
 (3)recommendations, if any, on how to consolidate redundant filing requirements for covered carriers participating in a Universal Service Fund program.
				(c)Rulemaking
 (1)New or ongoing rulemakingExcept as provided in paragraph (3), not later than 60 days after the date on which the report is submitted under subsection (b), the Commission shall—
					(A)
 (i)initiate a rulemaking to consolidate redundant filing requirements for covered carriers participating in a Universal Service Fund program; and
 (ii)incorporate into the rulemaking under clause (i), and as part of that rulemaking seek comment on, the recommendations described in subsection (b)(3), if any, except to the extent that doing so would violate the requirements of the Administrative Procedure Act; or
 (B)incorporate into an ongoing rulemaking relating to consolidating redundant filing requirements of the Commission, and as part of that rulemaking seek comment on, the recommendations described in subsection (b)(3), if any, except to the extent that doing so would violate the requirements of the Administrative Procedure Act.
 (2)Waste, fraud, and abuseIn a rulemaking in which the Commission is required under paragraph (1) to seek comment on the recommendations described in subsection (b)(3), if any, the Commission shall also seek comment on and consider whether the benefit of each recommendation is outweighed by any potential increased risk of waste, fraud, and abuse in the Universal Service Fund program affected by the recommendation.
 (3)Previous rulemakingParagraph (1) shall not apply if, on or before the date on which the report is submitted under subsection (b), the Commission completes a rulemaking to consolidate redundant filing requirements for covered carriers participating in a Universal Service Fund program.


115 S2782 IS: Workforce Mobility Act of 2018
U.S. Senate
2018-04-26
text/xml
EN
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		II
		115th CONGRESS2d Session
		S. 2782
		IN THE SENATE OF THE UNITED STATES

			April 26, 2018
			Mr. Murphy (for himself, Ms. Warren, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

		A BILL
		To prohibit covenants not to compete and require employers to notify employees of such prohibition,
			 and for other purposes.

		1.Short title
 This Act may be cited as the Workforce Mobility Act of 2018.
		2.Prohibiting covenants not to compete
 (a)In generalNo employer shall enter into, enforce, or threaten to enforce a covenant not to compete with any employee of such employer, who in any workweek is engaged in commerce or in the production of goods for commerce (or is employed in an enterprise engaged in commerce or in the production of goods for commerce).
 (b)NoticeAn employer who employs any employee, who in any workweek is engaged in commerce or in the production of goods for commerce (or is employed in an enterprise engaged in commerce or in the production of goods for commerce), shall post notice of the provisions of this Act in a conspicuous place on the premises of such employer.
			3.Department of Labor enforcement
 (a)In generalThe Secretary shall receive, investigate, attempt to resolve, and enforce a complaint of a violation of section 2 in the same manner that the Secretary receives, investigates, and attempts to resolve a complaint of a violation of section 6 or 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206 and 207), subject to subsection (b).
 (b)Civil fineThe Secretary shall impose a civil fine— (1)with respect to any employer who violates section 2(a), in an amount not to exceed $5,000 for—
 (A)each employee aggrieved by such violation; and
 (B)for each week the employer is in violation of such section; and (2)with respect to any employer who violates section 2(b), in an amount not to exceed $5,000 for each week the employer is in violation of such section.
				4.Private right of action
 (a)In generalAn employee who is aggrieved by a violation of section 2 may bring a civil action in an appropriate district court of the United States.
 (b)ReliefIn a civil action under subsection (a), a court may award— (1)any actual damages sustained by the employee as a result of the violation;
 (2)such amount of punitive damages as the court may allow; and (3)for an employee that is a prevailing party, the costs of the action and reasonable attorney’s fees, as determined by the court.
 5.Trade secretsNothing in this Act shall preclude an employer from entering into an agreement with an employee to not share any information (including after the employee is no longer employed by the employer) regarding the employer or the employment that is a trade secret, as defined in section 1839 of title 18, United States Code.
 6.DefinitionsFor purposes of this Act: (1)CommerceThe term commerce has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
 (2)Covenant not to competeThe term covenant not to compete means an agreement, entered into after the date of enactment of this Act between an employer and an employee, that restricts such employee from performing, after the employment relationship between the employer and the employee terminates, any of the following:
 (A)Any work for another employer for a specified period of time. (B)Any work in a specified geographical area.
 (C)Any work for another employer that is similar to such employee’s work for the employer that is a party to such agreement.
 (3)Employee; employerThe terms employee and employer have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).
 (4)SecretaryThe term Secretary means the Secretary of Labor. (5)StateThe term State means any of the several States or the District of Columbia.