[House Report 110-97]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     110-97

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  PROVIDING FOR CONSIDERATION OF H.R. 1361--RELIEF FOR ENTREPRENEURS 
  COORDINATION OF OBJECTIVES AND VALUES FOR EFFECTIVE RECOVERY ACT OF 
                                  2007

                                _______
                                

   April 17, 2007.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

  Mr. Hastings of Florida, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 302]

    The Committee on Rules, having had under consideration 
House Resolution 302, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 1361, the 
Relief for Entrepreneurs: Coordination of Objectives and Values 
for Effective Recovery Act of 2007, under a structured rule. 
The rule provides one hour of general debate equally divided 
and controlled by the chairman and ranking minority member of 
the Committee on Small Business. The rule waives all points of 
order against consideration of the bill except clauses 9 and 10 
of rule XXI. The rule provides that the amendment in the nature 
of a substitute recommended by the Committee on Small Business 
now printed in the bill, modified by the amendment printed in 
Part A of this report, shall be considered as adopted. The bill 
as amended shall be considered as an original bill for the 
purpose of amendment and shall be considered as read. All 
points of order against provisions in the bill, as amended, are 
waived.
    The rule makes in order only those further amendments 
printed in Part B of this report. The further amendments made 
in order may be offered only in the order printed in this 
report, may be offered only by a Member designated in this 
report, shall be considered as read, shall be debatable for the 
time specified in this report equally divided and controlled by 
the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for a division 
of the question in the House or in the Committee of the Whole. 
All points of order against the amendments except for clauses 9 
and 10 of rule XXI are waived. Finally, the rule provides one 
motion to recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    The Committee is not aware of any points of order against 
the bill as amended or against its consideration. The waiver of 
all points of order (except for clauses 9 and 10 rule XXI) is 
prophylactic in nature.

               SUMMARY OF AMENDMENT CONSIDERED AS ADOPTED

    The amendment would narrow the scope of Section 211 by 
eliminating any retroactive authority to alter existing 
disaster loans and preserving only the Administrator's 
prospective authority to provide victims of Hurricanes Katrina, 
Rita, or Wilma with grants to replace compensation that has 
been taken by the SBA as a duplication of benefits. The 
provision would also amend Section 218 of H.R. 1361 to require 
that the SBA conduct a study assessing the need and ability of 
the agency to provide economic injury disaster loans for 
businesses affected by a lack of snowfall.

            SUMMARY OF AMENDMENTS MADE ORDER UNDER THE RULE

    Chabot (OH), The amendment would strike section 211, 
thereby requiring anyone receiving both a grant and a disaster 
loan to use the grant to repay the disaster loan thereby 
preventing the government from compensating the same person 
twice for the same disaster.--10 minutes
    Chabot (OH), The amendment would strike section 210, 
thereby eliminating the authority of the Administrator of the 
Small Business Administration to offer grants to certain small 
businesses that were severely affected by Hurricanes Katrina, 
Rita, or Wilma but that were denied disaster loans.--10 minutes
    Jindal (LA), The amendment would provide Hurricanes 
Katrina, Rita, and Wilma disaster victims with an option of 
receiving an increased four year deferment period for disaster 
loans. Section 204 of the underlying bill extends this option 
to future disaster victims; the amendment makes it retroactive 
to the 2005 hurricanes.--10 minutes

         PART A--TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED

  Strike section 211 and insert the following:

SEC. 211. HURRICANE ASSISTANCE REPLACEMENT GRANT PROGRAM.

  (a) Program Established.--The 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 Appropriations.--There are authorized to 
be appropriated such sums as may be necessary to carry out this 
section.
  (c) Eligibility.--An 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) Amount.--The 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) Time.--The 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 Grants.--Grants made under this section 
shall not be considered a duplication of benefits by the 
Administrator.
  (g) Definitions.--In 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)).
  Strike section 218 and insert the following:

SEC. 218. REPORT REGARDING LACK OF SNOW FALL.

  Not 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.

        PART B--TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE

1. An Amendment To Be Offered by Representative Chabot of Ohio, or His 
                   Designee, Debatable for 10 Minutes

  Strike section 211.
                              ----------                              


2. An Amendment To Be Offered by Representative Chabot of Ohio, or His 
                   Designee, Debatable for 10 Minutes

  Strike section 210.
                              ----------                              


3. An Amendment To Be Offered by Representative Jindal of Louisiana, or 
                 His Designee, Debatable for 10 Minutes

  Page 14, line 20, insert ``(a) In General.--'' before 
``Section 7''.
  Page 15, after line 6, insert the following:
  (b) Retroactive Application Victims of Hurricanes Katrina, 
Rita, and Wilma.--
          (1) In general.--Section 7(f)(1) of the Small 
        Business Act (as added by subsection (a)) applies 
        retroactively to any loan under section 7(b) of that 
        Act that was made--
                  (A) in response to Hurricane Katrina, 
                Hurricane Rita, or Hurricane Wilma of 2005; and
                  (B) for a small business located in a county 
                or parish designated by the Administrator of 
                the Small Business Administration as a disaster 
                area by reason of such Hurricane Katrina, 
                Hurricane Rita, or Hurricane Wilma, as 
                applicable.
          (2) Disclosure of accrued interest.--Whenever the 
        Administrator provides an option to defer repayment 
        under paragraph (1), the Administrator shall disclose 
        the accrued interest that must be paid under the 
        option.

                                  
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