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Legislation News: S.2846 - Small Business Innovation Protection Act of 2016

The bill was introduced in the Senate by representative Gary Peters (D-MI) on April 25th, 2016. Senator Vitter from the Committee on Small Business and Entrepreneurship filed a written report under authority of the order of the Senate on December 20th, 2016 regarding this bill.

Bill Summary:

"This bill directs the Small Business Administration to develop partnership agreements that arrange for:

development of high-quality training for small businesses related to domestic and international protection of intellectual property,

leveraging of training materials already developed for the education of inventors and small businesses, and

participation of a nongovernmental organization.

These agreements must also arrange for training:

through electronic resources, including Internet-based webinars, and at physical locations, including a small business development center; and

the headquarters or a regional office of the United States Patent and Trade Office.

(Sec. 5) The bill amends the Small Business Act to require services at a small business development center to include training in person or through a website relating to:

domestic and international intellectual property protections, and

how those protections should be considered in the business plans and growth strategies of small businesses."

You can view the full bill text here:

https://www.congress.gov/bill/114th-congress/senate-bill/2846/text?q=%7B%22search%22%3A%22the%22%7D&r=13

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Legislation News: S.2847 - Prove It Act of 2016

The bill was introduced in the Senate by representative Joni Ernst (R-IA) on April 25th, 2016. Senator Vitter from the Committee on Small Business and Entrepreneurship filed a written report under authority of the order of the Senate on December 20th, 2016 regarding this bill.

Bill Summary:

"This bill authorizes the Chief Counsel of the Small Business Administration (SBA) to request the Office of Information and Regulatory Affairs of the Office of Management and Budget (OMB) to review any federal agency certification that a proposed rule, if promulgated, will not have a significant economic impact on a substantial number of small entities and so need not submit a regulatory flexibility analysis of the rule.The request for a review must:

be published in the Federal Register and on the website of the SBA Office of Advocacy,

include any documentation or comments the Chief Counsel furnished or made during the notice and comment period for the proposed rule, and

explain why the Chief Counsel disagreed with the certification and statement providing the factual basis for it.

Within 10 days after the request for review is published in the Federal Register, the federal agency in question shall submit to the SBA a response to the request and publish it in the Federal Register and on the agency website.

If it is determined, after a specified procedure, that the proposed rule will, if promulgated, have a significant economic impact on a substantial number of small entities, the federal agency shall then perform both an initial and a final regulatory flexibility analysis for the rule."

You can view the full bill text here:

https://www.congress.gov/bill/114th-congress/senate-bill/2847/text?q=%7B%22search%22%3A%22the%22%7D&r=12

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Legislation News: S.2992 - Small Business Lending Oversight Act of 2016

The bill was introduced in the Senate by representative David Vitter (R-LA) on May 25th, 2016. Senator Vitter from the Committee on Small Business and Entrepreneurship filed a written report under authority of the order of the Senateon December 20th, 2016.

Bill Summary:

"This bill amends the Small Business Act to establish within the Small Business Administration (SBA) an Office of Credit Risk Management (OCRM) to impose specified administrative penalties, including monetary penalties, on any loan-financing lender that knowingly and repeatedly:

fails properly to determine and document that a small business loan is eligible for financing, including failure to document that a loan is eligible because theapplicant is unable to obtain credit elsewhere (from non-federal, non-state, or non-local government sources);

sells the guaranteed portion of a loan when the loan proceeds have not been fully disbursed in accordance with program requirements;

imposes on a loan applicant a fee that the SBA has not specifically authorized; or

re-amortizes a loan solely to make the loan appear current.

The SBA shall conduct annual risk analyses of its loan portfolio.

(Sec. 3) The term "credit elsewhere" shall expand beyond non-federal sources to encompass credit to an individual loan applicant on reasonable terms and conditions from non-state and non-local government sources, including but not limited to:

the business industry in which the loan applicant operates;

whether the applicant is an enterprise that has been in operation for less than two years;

the adequacy of the collateral available to secure the requested loan; and

the loan term necessary to reasonably assure the applicant's ability to repay the debt from the actual or projected cash flow of the business.

(Sec. 4) The SBA shall assess a separate fee of up to 0.03% per year of the outstanding balance of the deferred participation share of each approved loan, whose proceeds shall be used solely to support OCRM operations.

The SBA shall collect a fee (currently discretionary) for any loan guarantee sold into the secondary market in an amount equal to 50% of the portion of the sale price that exceeds 108% (currently 110%) of the outstanding principal amount of the portion of the loan guaranteed by the SBA.

(Sec. 5) The SBA shall also, at the end of each year, calculate the percentage of loans in a lender's portfolio made without a contribution of borrower equity when the loan's purpose was to establish a new small business concern, to effectuate a change of small business ownership, or to purchase real estate. This requirement applies only to a lender that makes loans under authority delegated to the lender as a participant in the Preferred Lenders Program. No new loan application without a contribution of borrower equity, except in certain circumstances, may be approved if more than 15% of the lender's loan portfolio is without such a contribution.

The SBA shall make end-of-year calculations, too, of industry concentrations for each such lender, using the applicable six-digit classification code under the North American Industry Classification System. No new loan application to a lender from a small business concern operating in a single industry, except in certain circumstances, may be approved if over 20% of the lender's loans are concentrated in that industry.

The SBA may not approve any loan if its financing is more than 100% of project costs.

(Sec. 6) A lender may use an outside agent or lender service provider to assist in identifying potential applicants and with processing, disbursing, servicing, and liquidating a loan.

With respect to an SBA loan for plant acquisition, construction, conversion, or expansion, including the acquisition of land, material, supplies, equipment, and working capital, as well as a loan to any qualified small business concern, no lender may, without SBA approval, sell an amount higher than 85% of the loan, or the percentage guaranteed by the SBA, whichever is greater."

You can view the full bill text here:

https://www.congress.gov/bill/114th-congress/senate-bill/2992/text?q=%7B%22search%22%3A%22the%22%7D&r=14

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Legislation News: H.R.320 - Rapid DNA Act of 2015

The bill was introduced in the House by representative James Sensenbrenner (R-WI) on January 13th, 2015. This bill has been placed on the union calendar on December 23rd, 2016.

Bill Summary:

"Amends the DNA Identification Act of 1994 to require:

the advisory board on DNA quality assurance methods appointed by the Director of the Federal Bureau of Investigation to include members from federal, state, and local law enforcement agencies;

such board to develop, and the Director to issue, standards for testing the proficiency of qualified agencies (i.e., booking stations, jails, prisons, detention centers, other law enforcement organizations and facilities outside of forensic laboratories) and operators in conducting analyses of DNA samples using sample-to-answer DNA analysis systems (i.e., fully automated systems that prepare and analyze DNA samples with no operator intervention);

the National Institute of Justice to certify that the blind external proficiency testing program for DNA analyses has been established and made available to such qualified agencies or is not feasible; and

the Index to facilitate law enforcement exchange of DNA identification information to include information on DNA identification records and DNA analyses prepared by such qualified agencies that are engaged in the intake, processing, booking, detention, or incarceration of individuals charged or convicted of qualifying offenses and that conduct the analysis of DNA samples on a sample-to-answer DNA analysis system."

You can view the full bill text here:

https://www.congress.gov/bill/114th-congress/house-bill/320/text?q=%7B%22search%22%3A%22the%22%7D&r=3

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Legislation News: H.R.5983 - Financial CHOICE Act of 2016

The bill was introduced in the House by representative Jeb Hensarling (R-TX) on September 9th, 2016. This bill has been placed on the union calendar on December 20th, 2016.

Bill Summary:

"This bill amends the Dodd-Frank Wall Street Reform and Consumer Protection Act, among other Acts, to:

repeal the "Volcker Rule" (which restricts banks from making certain speculative investments);

with respect to winding down failing banks, eliminate the Federal Deposit Insurance Corporation's orderly liquidation authority and establish new provisions regarding financial institution bankruptcy; and

repeal the "Durbin Amendment" (which limits the fees that may be charged to retailers for debit card processing).

Certain banks may exempt themselves from specified regulatory standards if they maintain a certain ratio of capital to total assets and meet other specified requirements.

The bill removes the Financial Stability Oversight Council's authority to designate non-bank financial institutions and financial market utilities as "systemically important" (also known as "too big to fail"). Under current law, entities so designated are subject to additional regulatory restrictions. Designations made previously are retroactively repealed.

The bill also amends the Consumer Financial Protection Act of 2010 to:

restructure the Consumer Financial Protection Bureau by replacing its director with a bipartisan commission;

subject the commission to the congressional appropriations process, expanded judicial review, and additional congressional oversight; and

limit the commission's authority to take action against entities for "abusive" practices.

In addition, the bill:

modifies provisions related to the Securities and Exchange Commission's managerial structure and enforcement authority;

eliminates the Office of Financial Research within the Department of the Treasury; and

revises provisions related to capital formation, insurance regulation, civil penalties for securities laws violations, and community financial institutions."

You can view the full bill text here:

https://www.congress.gov/bill/114th-congress/house-bill/5983/text?q=%7B%22search%22%3A%22the%22%7D&r=2

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Legislation News: S.2658 - Federal Aviation Administration Reauthorization Act of 2016

The bill was introduced in the Senate by representative John Thune (R-SD) on March 9th, 2016. Senator Thune from the Committee on Commerce, Science, and Transportation filed a written report under authority of the order of the Senate on December 10th, 2016.

Bill Summary:

"This bill reauthorizes through FY2017 the Federal Aviation Administration (FAA) and specified FAA programs.The bill revises requirements for the airport improvement program and pilot program for passenger facility charges at nonhub airports.

The Government Accountability Office shall review privacy issues and concerns associated with the operation of unmanned aircraft (drones) in the national airspace system.

The National Institute of Standards and Technology and the FAA shall initiate a process to develop risk-based, consensus industry airworthiness standards for the safe integration of drones into the system.

The Department of Transportation (DOT) shall issue guidance for the operation of public drones.

The FAA shall carry out a pilot program for airspace hazard mitigation at airports and other critical infrastructure.

The bill requires the FAA to have a Senior Advisor for Unmannned Aircraft Systems Integration.

DOT shall establish a Safety Oversight and Certification Advisory Committee.

The FAA shall issue a final rule reorganizing the certification, and streamlining the approval of safety advancements, of small airplanes.

The FAA shall establish:

the FAA Task Force on Flight Standards Reform, and

a Regulatory Consistency Communications Board.

The FAA shall review and revise its safety workforce training strategy.

DOT shall take appropriate actions to promote U.S. aerospace standards, products, and services abroad.

The FAA shall:

take specified actions to improve airline passenger safety,

update automated weather observing systems, and

appoint a Designated Agency Safety and Health Officer.

Pilot's Bill of Rights 2

The bill directs the FAA to issue or revise medical certification regulations to ensure that an individual may operate as a pilot of certain small aircraft if the flight and theindividual meet certain criteria.

The FAA may not take enforcement action against a pilot for not holding a valid third-class medical certificate for a flight in a covered aircraft, in a good faith effort, if the pilot and the flight meets those requirements, unless the FAA has published final medical certification regulations in the Federal Register.

The Pilot's Bill of Rights is amended to authorize an individual adversely affected by an FAA decision to suspend or revoke an airman certificate to file an appeal in theU.S. district court or the U.S. District Court for the District of Columbia.

The bill prescribes certain requirements with respect to improving passenger air service.

The FAA Modernization and Reform Act of 2012 is amended to extend through FY2017 the DOT's Advisory Committee for Aviation Consumer Protection.

The bill reauthorizes through FY2017 the essential air service program and the small community air service development program.

The FAA shall conduct a return on investment assessment on each Next Generation Air Transportation System (NextGen) program.

The bill prescribes requirements regarding:

treatment of essential FAA employees during a furlough, and

maximum age limits for hiring of air traffic controllers.

The bill revises requirements for overflights of National Parks.

The FAA shall develop an Advanced Materials Center of Excellence."

You can view the full bill text here:

https://www.congress.gov/bill/114th-congress/senate-bill/2658/text?q=%7B%22search%22%3A%22the%22%7D&r=1

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Legislation News: H.R.5099 - Communities Helping Invest through Property and Improvements Needed for Veterans Act of 2016

The bill was introduced in the House by representative Brad Ashford (D-NE) on April 28th, 2016. This bill was signed by the President on December 16th, 2016.

Bill Summary:

"This bill authorizes the Department of Veterans Affairs (VA) to carry out a program under which it may enter into up to five partnership arrangements with a non-federal entity to conduct one or more:

super construction projects (those for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $100 million);

major construction projects (those for the construction, alteration, or acquisition of a medical facility involving a total expenditure of more than $10 million, but not including an acquisition by exchange); or

major construction projects to construct a new cemetery or to develop additional gravesites or columbarium niches at an existing cemetery.

The selected projects may be ones for which:

Congress has appropriated partial funding or the VA has identified a need for the project by listing it on the Major Construction Strategic Capital Investment Planning priority list, and

a non-federal entity has entered or is willing to enter into a formal agreement with the VA to independently finance and/or donate acceptable project funds at no additional government cost.

One of the non-federal entity partnership agreements shall be a project to design, finance, and construct a new ambulatory care center in Omaha, Nebraska."

You can view the full bill text here:

https://www.congress.gov/bill/114th-congress/house-bill/5099/text?q=%7B%22search%22%3A%22the%22%7D&r=7

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