S.Amdt. 2652Senate110th Congress (2007-2009)2nd degree

To require appropriate reporting regarding the number of full-time employees for either the Office of Disaster Assistance or the Disaster Cadre of the Small Business Administration, to provide appropriate assistance in the event of a catastrophic national disaster, and for other purposes.

What it does: 5 changes: replaces text in 5 places
Sponsored by Tom CoburnSen. Tom Coburn (R-OK)
Submitted August 3, 2007

What it changes

5 changes to S.Amdt. 2650

Replaces text in 5 places
  1. Change 1: Replaces “shall” with “may”

    ReplacesPage 24, line 2

    [struck: shall][inserted: may]

    Original wording

    On page 24, line 2, strike “shall” and insert “may”.

  2. Change 2: Rewrites page 24, line 9 through page 28, line 5

    Replaces

    Removes page 24, line 9 through page 28, line 5.

    Inserted: (B) Report.--In carrying out this subsection, if the number of full-time employees for either the Office of Disaster Assistance or the Disaster Cadre of the Administration is below the level described in subparagraph (A) for that office, not later than 21 days after the date on which that staffing level decreased below the level described in subparagraph (A), the Administrator shall submit to the Committee on Appropriations and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Appropriations and Committee on Small Business of the House of Representatives, a report--

    Inserted: (i) detailing staffing levels on that date;

    Inserted: (ii) requesting, if practicable and determined appropriate by the Administrator, additional funds for additional employees; and

    Inserted: (iii) containing such additional information, as determined appropriate by the Administrator.

    Inserted: TITLE II--DISASTER LENDING

    Inserted: SEC. 201. CATASTROPHIC NATIONAL DISASTER DECLARATION.

    Inserted: Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting immediately after paragraph (10), as added by this Act, the following:

    Inserted: "(11) Catastrophic national disasters.--

    Inserted: "(A) In general.--The President may make a catastrophic national disaster declaration in accordance with this paragraph.

    Inserted: "(B) Promulgation of rules.--

    Inserted: "(i) In general.--Not later than 6 months after the date of enactment of this paragraph, the Administrator, with the concurrence of the Secretary of Homeland Security and the Administrator of the Federal Emergency Management Agency, shall promulgate regulations establishing a threshold for a catastrophic national disaster declaration.

    Inserted: "(ii) Considerations.--In promulgating the regulations required under clause (i), the Administrator shall establish a threshold that--

    Show 12 more inserted paragraphs

    Inserted: "(I) is similar in size and scope to the events relating to the terrorist attacks of September 11, 2001, and Hurricane Katrina of 2005;

    Inserted: "(II) requires that the President declares a major disaster before making a catastrophic national disaster declaration under this paragraph;

    Inserted: "(III) requires consideration of--

    Inserted: "(aa) the dollar amount per capita of damage to the State, its political subdivisions, or a region;

    Inserted: "(bb) the number of small business concerns damaged, physically or economically, as a direct result of the event;

    Inserted: "(cc) the number of individuals and households displaced from their predisaster residences by the event;

    Inserted: "(dd) the severity of the impact on employment rates in the State, its political subdivisions, or a region;

    Inserted: "(ee) the anticipated length and difficulty of the recovery process;

    Inserted: "(ff) whether the events leading to the relevant major disaster declaration are of an unusually large and calamitous nature that is orders of magnitude larger than for an average major disaster; and

    Inserted: "(gg) any other factor determined relevant by the Administrator.

    Inserted: "(C) Authorization.--If the President makes a catastrophic national disaster declaration under this paragraph, the Administrator may make such loans under this paragraph (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) as the Administrator determines appropriate to small business concerns located anywhere in the United States that are economically adversely impacted as a result of that catastrophic national disaster.

    Inserted: "(D) Loan terms.--A loan under this paragraph shall be made on the same terms as a loan under paragraph (2).".

    Original wording

    On page 24, strike line 9, and all that follows through page 28, line 5, and insert the following:

  3. Change 3: Rewrites page 28, lines 15–18

    Replaces

    Removes page 28, lines 15–18.

    Inserted: (A) the term 'disaster area' means any area for which the President declared a major disaster (as that term is defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) that subsequently results in the President making a catastrophic national disaster declaration under subsection (b)(11);

    Original wording

    On page 28, strike lines 15 through 18 and insert the following:

  4. Change 4: Replaces “a disaster declaration is made” with “the President makes a catastrophic disaster declaration under paragraph (11) of section 7…”

    ReplacesPage 34, lines 8–9

    [struck: a disaster declaration is made][inserted: the President makes a catastrophic disaster declaration under paragraph (11) of section 7(b) of the Small Business Act (15 U.S.C. 636(b)), as added by this Act,]

    Original wording

    On page 34, lines 8 and 9, strike “a disaster declaration is made” and inserting “the President makes a catastrophic disaster declaration under paragraph (11) of section 7(b) of the Small Business Act (15 U.S.C. 636(b)), as added by this Act,”

  5. Change 5: Replaces “under section 7(b) of the Small Business Act (15 U.S.C. 636(b))” with “under paragraph (11) of section 7(b) of the Small Business Act (15 U.S.C. 636(b)), as add…”

    ReplacesPage 34, lines 20–21

    [struck: under section 7(b) of the Small Business Act (15 U.S.C. 636(b))][inserted: under paragraph (11) of section 7(b) of the Small Business Act (15 U.S.C. 636(b)), as added by this Act]

    Original wording

    On page 34, lines 20 and 21, strike “under section 7(b) of the Small Business Act (15 U.S.C. 636(b))” and insert “under paragraph (11) of section 7(b) of the Small Business Act (15 U.S.C. 636(b)), as added by this Act”.

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2652. Mr. REID (for Mr. Coburn) proposed an amendment to amendment SA 2650 proposed by Mr. Reid (for Mr. Kerry) to the bill S. 163, to improve the disaster loan program of the Small Business Administration, and for other purposes; as follows:

On page 24, line 2, strike “shall” and insert “may”.

On page 24, strike line 9, and all that follows through page 28, line 5, and insert the following:

“(B) Report.--In carrying out this subsection, if the number of full-time employees for either the Office of Disaster Assistance or the Disaster Cadre of the Administration is below the level described in subparagraph (A) for that office, not later than 21 days after the date on which that staffing level decreased below the level described in subparagraph (A), the Administrator shall submit to the Committee on Appropriations and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Appropriations and Committee on Small Business of the House of Representatives, a report--

“(i) detailing staffing levels on that date;

“(ii) requesting, if practicable and determined appropriate by the Administrator, additional funds for additional employees; and

“(iii) containing such additional information, as determined appropriate by the Administrator.”.

TITLE II--DISASTER LENDING

SEC. 201. CATASTROPHIC NATIONAL DISASTER DECLARATION.

Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting immediately after paragraph (10), as added by this Act, the following:

“(11) Catastrophic national disasters.--

“(A) In general.--The President may make a catastrophic national disaster declaration in accordance with this paragraph.

“(B) Promulgation of rules.--

“(i) In general.--Not later than 6 months after the date of enactment of this paragraph, the Administrator, with the concurrence of the Secretary of Homeland Security and the Administrator of the Federal Emergency Management Agency, shall promulgate regulations establishing a threshold for a catastrophic national disaster declaration.

“(ii) Considerations.--In promulgating the regulations required under clause (i), the Administrator shall establish a threshold that--

“(I) is similar in size and scope to the events relating to the terrorist attacks of September 11, 2001, and Hurricane Katrina of 2005;

“(II) requires that the President declares a major disaster before making a catastrophic national disaster declaration under this paragraph;

“(III) requires consideration of--

“(aa) the dollar amount per capita of damage to the State, its political subdivisions, or a region;

“(bb) the number of small business concerns damaged, physically or economically, as a direct result of the event;

“(cc) the number of individuals and households displaced from their predisaster residences by the event;

“(dd) the severity of the impact on employment rates in the State, its political subdivisions, or a region;

“(ee) the anticipated length and difficulty of the recovery process;

“(ff) whether the events leading to the relevant major disaster declaration are of an unusually large and calamitous nature that is orders of magnitude larger than for an average major disaster; and

“(gg) any other factor determined relevant by the Administrator.

“(C) Authorization.--If the President makes a catastrophic national disaster declaration under this paragraph, the Administrator may make such loans under this paragraph (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) as the Administrator determines appropriate to small business concerns located anywhere in the United States that are economically adversely impacted as a result of that catastrophic national disaster.

“(D) Loan terms.--A loan under this paragraph shall be made on the same terms as a loan under paragraph (2).”.

On page 28, strike lines 15 through 18 and insert the following:

“(A) the term ‘disaster area' means any area for which the President declared a major disaster (as that term is defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) that subsequently results in the President making a catastrophic national disaster declaration under subsection (b)(11);

On page 34, lines 8 and 9, strike “a disaster declaration is made” and inserting “the President makes a catastrophic disaster declaration under paragraph (11) of section 7(b) of the Small Business Act (15 U.S.C. 636(b)), as added by this Act,”

On page 34, lines 20 and 21, strike “under section 7(b) of the Small Business Act (15 U.S.C. 636(b))” and insert “under paragraph (11) of section 7(b) of the Small Business Act (15 U.S.C. 636(b)), as added by this Act”.

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Senate amendment submitted

August 3, 2007

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Senate amendment submitted

August 3, 2007

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Senate amendment agreed to: Amendment SA 2652 agreed to in Senate by Unanimous Consent.

August 3, 2007

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Senate amendment proposed (on the floor): Amendment SA 2652 proposed by Senator Reid for Senator Coburn to Amendment SA 2650.(consideration: CR S10980-10981; text: CR S10980-10981)

August 3, 2007

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Amendment SA 2652 proposed by Senator Reid for Senator Coburn to Amendment SA 2650. (consideration: CR S10980-10981; text: CR S10980-10981) To require appropriate reporting regarding the number of full-time employees for either the Office of Disaster Assistance or the Disaster Cadre of the Small Business Administration, to provide appropriate assistance in the event of a catastrophic national disaster, and for other purposes.

August 3, 2007

Floor

Amendment SA 2652 agreed to in Senate by Unanimous Consent.

August 3, 2007