In the nature of a substitute.

TEXT OF AMENDMENTS

SA 2649. Mr. McCONNELL (for himself and Mr. Bond) proposed an
amendment to the bill S. 1927, to amend the Foreign Intelligence
Surveillance Act of 1978 to provide additional procedures for
authorizing certain acquisitions of foreign intelligence information
and for other purposes; as follows:

At the end, add the following:
(c) Sunset.--Except as provided in subsection (d), sections
2, 3, 4, and 5 of this Act, and the amendments made by this
Act, shall cease to have effect 180 days after the date of
the enactment of this Act.
(d) Authorizations in Effect.--Authorizations for the
acquisition of foreign intelligence information pursuant to
the amendments made by this Act, and directives issued
pursuant to such authorizations, shall remain in effect until
their expiration. Such acquisitions shall be governed by the
applicable provisions of such amendments and shall not be
deemed to constitute electronic surveillance as that term is
defined in section 101(f) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801(f)).
______

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

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Small
Business Disaster Response and Loan Improvements Act of
2007''.
(b) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Extension of program authority.

TITLE I--DISASTER PLANNING AND RESPONSE

Sec. 101. Disaster loans to nonprofits.
Sec. 102. Disaster loan amounts.
Sec. 103. Small business development center portability grants.
Sec. 104. Assistance to out-of-State businesses.
Sec. 105. Outreach programs.
Sec. 106. Small business bonding threshold.
Sec. 107. Termination of program.
Sec. 108. Increasing collateral requirements.
Sec. 109. Public awareness of disaster declaration and application
periods.
Sec. 110. Consistency between Administration regulations and standard
operating procedures.
Sec. 111. Processing disaster loans.
Sec. 112. Development and implementation of major disaster response
plan.

[[Page S10945]]

Sec. 113. Disaster planning responsibilities.
Sec. 114. Additional authority for district offices of the
Administration.
Sec. 115. Assignment of employees of the Office of Disaster Assistance
and Disaster Cadre.
Sec. 116. Report regarding lack of snow fall.

TITLE II--DISASTER LENDING

Sec. 201. Catastrophic national disaster declaration.
Sec. 202. Private disaster loans.
Sec. 203. Technical and conforming amendments.
Sec. 204. Expedited disaster assistance loan program.
Sec. 205. HUBZones.

TITLE III--DISASTER ASSISTANCE OVERSIGHT

Sec. 301. Congressional oversight.

TITLE IV--ENERGY EMERGENCIES

Sec. 401. Findings.
Sec. 402. Small business energy emergency disaster loan program.
Sec. 403. Agricultural producer emergency loans.
Sec. 404. Guidelines and rulemaking.
Sec. 405. Reports.

SEC. 2. DEFINITIONS.

In this Act--
(1) the terms ``Administration'' and ``Administrator'' mean
the Small Business Administration and the Administrator
thereof, respectively;
(2) the term ``catastrophic national disaster'' means a
catastrophic national disaster declared under section
7(b)(11) of the Small Business Act (15 U.S.C. 636(b)), as
added by this Act;
(3) the term ``declared disaster'' means a major disaster
or a catastrophic national disaster;
(4) the term ``disaster area'' means an area affected by a
natural or other disaster, as determined for purposes of
paragraph (1) or (2) of section 7(b) of the Small Business
Act (15 U.S.C. 636(b)), during the period of such
declaration;
(5) the term ``disaster loan program of the
Administration'' means assistance under section 7(b) of the
Small Business Act (15 U.S.C. 636(b));
(6) the term ``disaster update period'' means the period
beginning on the date on which the President declares a major
disaster or a catastrophic national disaster and ending on
the date on which such declaration terminates;
(7) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122);
(8) the term ``small business concern'' has the same
meaning as in section 3 of the Small Business Act (15 U.S.C.
632); and
(9) the term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Northern Mariana Islands, the Virgin Islands, Guam,
American Samoa, and any territory or possession of the United
States.

SEC. 3. EXTENSION OF PROGRAM AUTHORITY.

(a) In General.--Section 1 of the Act entitled ``An Act to
extend temporarily certain authorities of the Small Business
Administration'', approved October 10, 2006 (Public Law 109-
316; 120 Stat. 1742), is amended by striking ``July 31,
2007'' each place it appears and inserting ``October 31,
2007''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on July 31, 2007.

TITLE I--DISASTER PLANNING AND RESPONSE

SEC. 101. DISASTER LOANS TO NONPROFITS.

Section 7(b) of the Small Business Act (15 U.S.C. 636(b))
is amended by inserting immediately after paragraph (3) the
following:
``(4) Loans to nonprofits.--In addition to any other loan
authorized by this subsection, the Administrator may make
such loans (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 a nonprofit organization located or
operating in an area affected by a natural or other disaster,
as determined under paragraph (1) or (2), or providing
services to persons who have evacuated from any such area.''.

SEC. 102. DISASTER LOAN AMOUNTS.

(a) Increased Loan Caps.--Section 7(b) of the Small
Business Act (15 U.S.C. 636(b)) is amended by inserting
immediately after paragraph (4), as added by this title, the
following:
``(5) Increased loan caps.--
``(A) Aggregate loan amounts.--Except as provided in
subparagraph (B), and notwithstanding any other provision of
law, the aggregate loan amount outstanding and committed to a
borrower under this subsection may not exceed $2,000,000.
``(B) Waiver authority.--The Administrator may, at the
discretion of the Administrator, increase the aggregate loan
amount under subparagraph (A) for loans relating to a
disaster to a level established by the Administrator, based
on appropriate economic indicators for the region in which
that disaster occurred.''.
(b) Disaster Mitigation.--
(1) In general.--Section 7(b)(1)(A) of the Small Business
Act (15 U.S.C. 636(b)(1)(A)) is amended by inserting ``of the
aggregate costs of such damage or destruction (whether or not
compensated for by insurance or otherwise)'' after ``20 per
centum''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to a loan or guarantee made after
the date of enactment of this Act.
(c) Technical Amendments.--Section 7(b) of the Small
Business Act (15 U.S.C. 636(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``the, Administration'' and inserting ``the Administration'';
(2) in paragraph (2)(A), by striking ``Disaster Relief and
Emergency Assistance Act'' and inserting ``Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) (in this subsection referred to as a `major
disaster')''; and
(3) in the undesignated matter at the end--
(A) by striking ``, (2), and (4)'' and inserting ``and
(2)''; and
(B) by striking ``, (2), or (4)'' and inserting ``(2)''.

SEC. 103. SMALL BUSINESS DEVELOPMENT CENTER PORTABILITY
GRANTS.

Section 21(a)(4)(C)(viii) of the Small Business Act (15
U.S.C. 648(a)(4)(C)(viii)) is amended--
(1) in the first sentence, by striking ``as a result of a
business or government facility down sizing or closing, which
has resulted in the loss of jobs or small business
instability'' and inserting ``due to events that have
resulted or will result in, business or government facility
downsizing or closing''; and
(2) by adding at the end ``At the discretion of the
Administrator, the Administrator may make an award greater
than $100,000 to a recipient to accommodate extraordinary
occurrences having a catastrophic impact on the small
business concerns in a community.''.

SEC. 104. ASSISTANCE TO OUT-OF-STATE BUSINESSES.

Section 21(b)(3) of the Small Business Act (15 U.S.C.
648(b)(3)) is amended--
(1) by striking ``At the discretion'' and inserting the
following: ``Small business development centers.--
``(A) In general.--At the discretion''; and
(2) by adding at the end the following:
``(B) During disasters.--
``(i) In general.--At the discretion of the Administrator,
the Administrator may authorize a small business development
center to provide such assistance to small business concerns
located outside of the State, without regard to geographic
proximity, if the small business concerns are located in a
disaster area declared under section 7(b)(2)(A).
``(ii) Continuity of services.--A small business
development center that provides counselors to an area
described in clause (i) shall, to the maximum extent
practicable, ensure continuity of services in any State in
which such small business development center otherwise
provides services.
``(iii) Access to disaster recovery facilities.--For
purposes of providing disaster recovery assistance under this
subparagraph, the Administrator shall, to the maximum extent
practicable, permit small business development center
personnel to use any site or facility designated by the
Administrator for use to provide disaster recovery
assistance.''.

SEC. 105. OUTREACH PROGRAMS.

(a) In General.--Not later than 30 days after the date of
the declaration of a disaster area, the Administrator may
establish a contracting outreach and technical assistance
program for small business concerns which have had a primary
place of business in, or other significant presence in, such
disaster area.
(b) Administrator Action.--The Administrator may carry out
subsection (a) by acting through--
(1) the Administration;
(2) the Federal agency small business officials designated
under section 15(k)(1) of the Small Business Act (15 U.S.C.
644(k)(1)); or
(3) any Federal, State, or local government entity, higher
education institution, procurement technical assistance
center, or private nonprofit organization that the
Administrator may determine appropriate, upon conclusion of a
memorandum of understanding or assistance agreement, as
appropriate, with the Administrator.

SEC. 106. SMALL BUSINESS BONDING THRESHOLD.

(a) In General.--Except as provided in subsection (b), and
notwithstanding any other provision of law, for any
procurement related to a major disaster, the Administrator
may, upon such terms and conditions as the Administrator may
prescribe, guarantee and enter into commitments to guarantee
any surety against loss resulting from a breach of the terms
of a bid bond, payment bond, performance bond, or bonds
ancillary thereto, by a principal on any total work order or
contract amount at the time of bond execution that does not
exceed $5,000,000.
(b) Increase of Amount.--Upon request of the head of any
Federal agency other than the Administration involved in
reconstruction efforts in response to a major disaster, the
Administrator may guarantee and enter into a commitment to
guarantee any security against loss under subsection (a) on
any total work order or contract amount at the time of bond
execution that does not exceed $10,000,000.

SEC. 107. TERMINATION OF PROGRAM.

Section 711(c) of the Small Business Competitive
Demonstration Program Act of 1988 (15 U.S.C. 644 note) is
amended by inserting after ``January 1, 1989'' the following:
``, and shall terminate on the date of enactment of the Small
Business Disaster Response and Loan Improvements Act of
2007''.

SEC. 108. INCREASING COLLATERAL REQUIREMENTS.

Section 7(c)(6) of the Small Business Act (15 U.S.C.
636(c)(6)) is amended by striking

[[Page S10946]]

``$10,000 or less'' and inserting ``$14,000 or less (or such
higher amount as the Administrator determines appropriate in
the event of a catastrophic national disaster declared under
subsection (b)(11))''.

SEC. 109. PUBLIC AWARENESS OF DISASTER DECLARATION AND
APPLICATION PERIODS.

(a) In General.--Section 7(b) of the Small Business Act (15
U.S.C. 636(b)) is amended by inserting immediately after
paragraph (5), as added by this Act, the following:
``(6) Coordination with fema.--
``(A) In general.--Notwithstanding any other provision of
law, for any disaster (including a catastrophic national
disaster) declared under this subsection or major disaster,
the Administrator, in consultation with the Administrator of
the Federal Emergency Management Agency, shall ensure, to the
maximum extent practicable, that all application periods for
disaster relief under this Act correspond with application
deadlines established under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
or as extended by the President.
``(B) Deadlines.--Notwithstanding any other provision of
law, not later than 10 days before the closing date of an
application period for a major disaster (including a
catastrophic national disaster), the Administrator, in
consultation with the Administrator of the Federal Emergency
Management Agency, shall submit to the Committee on Small
Business and Entrepreneurship of the Senate and the Committee
on Small Business of the House of Representatives a report
that includes--
``(i) the deadline for submitting applications for
assistance under this Act relating to that major disaster;
``(ii) information regarding the number of loan
applications and disbursements processed by the Administrator
relating to that major disaster for each day during the
period beginning on the date on which that major disaster was
declared and ending on the date of that report; and
``(iii) an estimate of the number of potential applicants
that have not submitted an application relating to that major
disaster.
``(7) Public awareness of disasters.--If a disaster
(including a catastrophic national disaster) is declared
under this subsection, the Administrator shall make every
effort to communicate through radio, television, print, and
web-based outlets, all relevant information needed by
disaster loan applicants, including--
``(A) the date of such declaration;
``(B) cities and towns within the area of such declaration;
``(C) loan application deadlines related to such disaster;
``(D) all relevant contact information for victim services
available through the Administration (including links to
small business development center websites);
``(E) links to relevant Federal and State disaster
assistance websites, including links to websites providing
information regarding assistance available from the Federal
Emergency Management Agency;
``(F) information on eligibility criteria for
Administration loan programs, including where such
applications can be found; and
``(G) application materials that clearly state the function
of the Administration as the Federal source of disaster loans
for homeowners and renters.''.
(b) Marketing and Outreach.--Not later than 90 days after
the date of enactment of this Act, the Administrator shall
create a marketing and outreach plan that--
(1) encourages a proactive approach to the disaster relief
efforts of the Administration;
(2) makes clear the services provided by the
Administration, including contact information, application
information, and timelines for submitting applications, the
review of applications, and the disbursement of funds;
(3) describes the different disaster loan programs of the
Administration, including how they are made available and the
eligibility requirements for each loan program;
(4) provides for regional marketing, focusing on disasters
occurring in each region before the date of enactment of this
Act, and likely scenarios for disasters in each such region;
and
(5) ensures that the marketing plan is made available at
small business development centers and on the website of the
Administration.

SEC. 110. CONSISTENCY BETWEEN ADMINISTRATION REGULATIONS AND
STANDARD OPERATING PROCEDURES.

(a) In General.--The Administrator shall, promptly
following the date of enactment of this Act, conduct a study
of whether the standard operating procedures of the
Administration for loans offered under section 7(b) of the
Small Business Act (15 U.S.C. 636(b)) are consistent with the
regulations of the Administration for administering the
disaster loan program.
(b) Report.--Not later than 180 days after the date of
enactment of this Act, the Administration shall submit to
Congress a report containing all findings and recommendations
of the study conducted under subsection (a).

SEC. 111. PROCESSING DISASTER LOANS.

(a) Authority for Qualified Private Contractors To Process
Disaster Loans.--Section 7(b) of the Small Business Act (15
U.S.C. 636(b)) is amended by inserting immediately after
paragraph (7), as added by this Act, the following:
``(8) Authority for qualified private contractors.--
``(A) Disaster loan processing.--The Administrator may
enter into an agreement with a qualified private contractor,
as determined by the Administrator, to process loans under
this subsection in the event of a major disaster or a
catastrophic national disaster declared under paragraph (11),
under which the Administrator shall pay the contractor a fee
for each loan processed.
``(B) Loan loss verification services.--The Administrator
may enter into an agreement with a qualified lender or loss
verification professional, as determined by the
Administrator, to verify losses for loans under this
subsection in the event of a major disaster or a catastrophic
national disaster declared under paragraph (11), under which
the Administrator shall pay the lender or verification
professional a fee for each loan for which such lender or
verification professional verifies losses.''.
(b) Coordination of Efforts Between the Administrator and
the Internal Revenue Service To Expedite Loan Processing.--
The Administrator and the Commissioner of Internal Revenue
shall, to the maximum extent practicable, ensure that all
relevant and allowable tax records for loan approval are
shared with loan processors in an expedited manner, upon
request by the Administrator.

SEC. 112. DEVELOPMENT AND IMPLEMENTATION OF MAJOR DISASTER
RESPONSE PLAN.

(a) In General.--Not later than 3 months after the date of
enactment of this Act, the Administrator shall--
(1) by rule, amend the 2006 Atlantic hurricane season
disaster response plan of the Administration (in this section
referred to as the ``disaster response plan'') to apply to
major disasters; and
(2) submit a report to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives detailing the
amendments to the disaster response plan.
(b) Contents.--The report required under subsection (a)(2)
shall include--
(1) any updates or modifications made to the disaster
response plan since the report regarding the disaster
response plan submitted to Congress on July 14, 2006;
(2) a description of how the Administrator plans to utilize
and integrate District Office personnel of the Administration
in the response to a major disaster, including information on
the utilization of personnel for loan processing and loan
disbursement;
(3) a description of the disaster scalability model of the
Administration and on what basis or function the plan is
scaled;
(4) a description of how the agency-wide Disaster Oversight
Council is structured, which offices comprise its membership,
and whether the Associate Deputy Administrator for
Entrepreneurial Development of the Administration is a
member;
(5) a description of how the Administrator plans to
coordinate the disaster efforts of the Administration with
State and local government officials, including
recommendations on how to better incorporate State
initiatives or programs, such as State-administered bridge
loan programs, into the disaster response of the
Administration;
(6) recommendations, if any, on how the Administration can
better coordinate its disaster response operations with the
operations of other Federal, State, and local entities;
(7) any surge plan for the disaster loan program of the
Administration in effect on or after August 29, 2005
(including surge plans for loss verification, loan
processing, mailroom, customer service or call center
operations, and a continuity of operations plan);
(8) the number of full-time equivalent employees and job
descriptions for the planning and disaster response staff of
the Administration;
(9) the in-service and preservice training procedures for
disaster response staff of the Administration;
(10) information on the logistical support plans of the
Administration (including equipment and staffing needs, and
detailed information on how such plans will be scalable
depending on the size and scope of the major disaster;
(11) a description of the findings and recommendations of
the Administrator, if any, based on a review of the response
of the Administration to Hurricane Katrina of 2005, Hurricane
Rita of 2005, and Hurricane Wilma of 2005; and
(12) a plan for how the Administrator, in consultation with
the Administrator of the Federal Emergency Management Agency,
will coordinate the provision of accommodations and necessary
resources for disaster assistance personnel to effectively
perform their responsibilities in the aftermath of a major
disaster.
(c) Exercises.--Not later than 6 months after the date of
the submission of the report under subsection (a)(2), the
Administrator shall develop and execute simulation exercises
to demonstrate the effectiveness of the amended disaster
response plan required under this section.

SEC. 113. DISASTER PLANNING RESPONSIBILITIES.

(a) Assignment of Small Business Administration Disaster
Planning Responsibilities.--The Administrator shall
specifically assign the disaster planning responsibilities
described in subsection (b) to an employee of the
Administration who--

[[Page S10947]]

(1) is not an employee of the Office of Disaster Assistance
of the Administration;
(2) shall report directly to the Administrator; and
(3) has a background and expertise demonstrating
significant experience in the area of disaster planning.
(b) Responsibilities.--The responsibilities described in
this subsection are--
(1) creating and maintaining the comprehensive disaster
response plan of the Administration;
(2) ensuring in-service and pre-service training procedures
for the disaster response staff of the Administration;
(3) coordinating and directing Administration training
exercises, including mock disaster responses, with other
Federal agencies; and
(4) other responsibilities, as determined by the
Administrator.
(c) Report.--Not later than 30 days after the date of
enactment of this Act, the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives a report containing--
(1) a description of the actions of the Administrator to
assign an employee under subsection (a);
(2) information detailing the background and expertise of
the employee assigned under subsection (a); and
(3) information on the status of the implementation of the
responsibilities described in subsection (b).

SEC. 114. ADDITIONAL AUTHORITY FOR DISTRICT OFFICES OF THE
ADMINISTRATION.

(a) In General.--Section 7(b) of the Small Business Act (15
U.S.C. 636(b)) is amended by inserting immediately after
paragraph (8), as added by this Act, the following:
``(9) Use of district offices.--In the event of a major
disaster, the Administrator may authorize a district office
of the Administration to process loans under paragraph (1) or
(2).''.
(b) Designation.--
(1) In general.--The Administrator may designate an
employee in each district office of the Administration to act
as a disaster loan liaison between the disaster processing
center and applicants under the disaster loan program of the
Administration.
(2) Responsibilities.--Each employee designated under
paragraph (1) shall--
(A) be responsible for coordinating and facilitating
communications between applicants under the disaster loan
program of the Administration and disaster loan processing
staff regarding documentation and information required for
completion of an application; and
(B) provide information to applicants under the disaster
loan program of the Administration regarding additional
services and benefits that may be available to such
applicants to assist with recovery.
(3) Outreach.--In providing outreach to disaster victims
following a declared disaster, the Administrator shall make
disaster victims aware of--
(A) any relevant employee designated under paragraph (1);
and
(B) how to contact that employee.

SEC. 115. ASSIGNMENT OF EMPLOYEES OF THE OFFICE OF DISASTER
ASSISTANCE AND DISASTER CADRE.

(a) In General.--Section 7(b) of the Small Business Act (15
U.S.C. 636(b)) is amended by inserting immediately after
paragraph (9), as added by this Act, the following:
``(10) Disaster assistance employees.--
``(A) In general.--In carrying out this section, the
Administrator shall, where practicable, ensure that the
number of full-time equivalent employees--
``(i) in the Office of the Disaster Assistance is not fewer
than 800; and
``(ii) in the Disaster Cadre of the Administration is not
fewer than 750.
``(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, the Administrator shall, not later than
14 days after the date on which that staffing level decreased
below the level described in subparagraph (A), submit a
report to the Committee on Small Business and
Entrepreneurship and the Committee on Appropriations of the
Senate and the Committee on Small Business and the Committee
on Appropriations of the House of Representatives--
``(i) detailing the staffing levels on that date; and
``(ii) if determined appropriate by the Administrator,
including a request for additional funds for additional
employees.''.

SEC. 116. REPORT REGARDING LACK OF SNOW FALL.

Not later than 6 months after the date of enactment of this
Act, the Administrator 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 that 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.

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) Promulgation of rules.--Not later than 6 months after
the date of enactment of this paragraph, the Administrator,
in consultation with 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 under this Act,
which shall consider--
``(i) the dollar amount per capita of damage to the State,
its political subdivisions, or a region;
``(ii) the number of small business concerns damaged,
physically or economically, as a direct result of the event;
``(iii) the number of individuals and households displaced
from their predisaster residences by the event;
``(iv) the severity of the impact on employment rates in
the State, its political subdivisions, or a region;
``(v) the anticipated length and difficulty of the recovery
process; and
``(vi) other factors determined relevant by the
Administrator.
``(B) Authorization.--Following a declaration of a major
disaster, if a damage assessment performed by the
Administrator indicates that the damage caused by the event
qualify as a catastrophic national disaster under subsection
(a), 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.
``(C) Loan terms.--A loan under this paragraph shall be
made on the same terms as a loan under paragraph (2).''.

SEC. 202. PRIVATE DISASTER LOANS.

(a) In General.--Section 7 of the Small Business Act (15
U.S.C. 636) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Private Disaster Loans.--
``(1) Definitions.--In this subsection--
``(A) the term `disaster area' means a county, parish, or
similar unit of general local government in which a disaster
was declared under subsection (b);
``(B) the term `eligible small business concern' means a
business concern that is--
``(i) a small business concern, as defined in this Act; or
``(ii) a small business concern, as defined in section 103
of the Small Business Investment Act of 1958; and
``(C) the term `qualified private lender' means any
privately-owned bank or other lending institution that the
Administrator determines meets the criteria established under
paragraph (9).
``(2) Authorization.--The Administrator may guarantee
timely payment of principal and interest, as scheduled on any
loan issued by a qualified private lender to an eligible
small business concern located in a disaster area.
``(3) Use of loans.--A loan guaranteed by the Administrator
under this subsection may be used for any purpose authorized
under subsection (b).
``(4) Online applications.--
``(A) Establishment.--The Administrator may establish,
directly or through an agreement with another entity, an
online application process for loans guaranteed under this
subsection.
``(B) Other federal assistance.--The Administrator may
coordinate with the head of any other appropriate Federal
agency so that any application submitted through an online
application process established under this paragraph may be
considered for any other Federal assistance program for
disaster relief.
``(C) Consultation.--In establishing an online application
process under this paragraph, the Administrator shall consult
with appropriate persons from the public and private sectors,
including private lenders.
``(5) Maximum amounts.--
``(A) Guarantee percentage.--The Administrator may
guarantee not more than 85 percent of a loan under this
subsection.
``(B) Loan amounts.--The maximum amount of a loan
guaranteed under this subsection shall be $2,000,000.
``(6) Loan term.--The longest term of a loan for a loan
guaranteed under this subsection shall be--
``(A) 15 years for any loan that is issued without
collateral; and
``(B) 25 years for any loan that is issued with collateral.

[[Page S10948]]

``(7) Fees.--
``(A) In general.--The Administrator may not collect a
guarantee fee under this subsection.
``(B) Origination fee.--The Administrator may pay a
qualified private lender an origination fee for a loan
guaranteed under this subsection in an amount agreed upon in
advance between the qualified private lender and the
Administrator.
``(8) Documentation.--A qualified private lender may use
its own loan documentation for a loan guaranteed by the
Administrator, to the extent authorized by the Administrator.
The ability of a lender to use its own loan documentation for
a loan guaranteed under this subsection shall not be
considered part of the criteria for becoming a qualified
private lender under the regulations promulgated under
paragraph (9).
``(9) Implementation regulations.--
``(A) In general.--Not later than 1 year after the date of
enactment of the Small Business Disaster Response and Loan
Improvements Act of 2007, the Administrator shall issue final
regulations establishing permanent criteria for qualified
private lenders.
``(B) Report to congress.--Not later than 6 months after
the date of enactment of the Small Business Disaster Response
and Loan Improvements Act of 2007, the Administrator shall
submit a report on the progress of the regulations required
by subparagraph (A) to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives.
``(10) Authorization of appropriations.--
``(A) In general.--Amounts necessary to carry out this
subsection shall be made available from amounts appropriated
to the Administration to carry out subsection (b).
``(B) Authority to reduce interest rates.--Funds
appropriated to the Administration to carry out this
subsection, may be used by the Administrator, to the extent
available, to reduce the rate of interest for any loan
guaranteed under this subsection by not more than 3
percentage points.
``(11) Purchase of loans.--The Administrator may enter into
an agreement with a qualified private lender to purchase any
loan issued under this subsection.''.
(b) Effective Date.--The amendments made by this section
shall apply to disasters declared under section 7(b)(2) of
the Small Business Act (631 U.S.C. 636(b)(2)) before, on, or
after the date of enactment of this Act.

SEC. 203. TECHNICAL AND CONFORMING AMENDMENTS.

The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) in section 4(c)--
(A) in paragraph (1), by striking ``7(c)(2)'' and inserting
``7(d)(2)''; and
(B) in paragraph (2)--
(i) by striking ``7(c)(2)'' and inserting ``7(d)(2)''; and
(ii) by striking ``7(e),''; and
(2) in section 7(b), in the undesignated matter following
paragraph (3)--
(A) by striking ``That the provisions of paragraph (1) of
subsection (c)'' and inserting ``That the provisions of
paragraph (1) of subsection (d)''; and
(B) by striking ``Notwithstanding the provisions of any
other law the interest rate on the Administration's share of
any loan made under subsection (b) except as provided in
subsection (c),'' and inserting ``Notwithstanding any other
provision of law, and except as provided in subsection (d),
the interest rate on the Administration's share of any loan
made under subsection (b)''.

SEC. 204. EXPEDITED DISASTER ASSISTANCE LOAN PROGRAM.

(a) Definitions.--In this section--
(1) the term ``immediate disaster assistance'' means
assistance provided during the period beginning on the date
on which a disaster declaration is made and ending on the
date that an impacted small business concern is able to
secure funding through insurance claims, Federal assistance
programs, or other sources; and
(2) the term ``program'' means the expedited disaster
assistance business loan program established under subsection
(b).
(b) Creation of Program.--The Administrator shall take such
administrative action as is necessary to establish and
implement an expedited disaster assistance business loan
program to provide small business concerns with immediate
disaster assistance under section 7(b) of the Small Business
Act (15 U.S.C. 636(b)).
(c) Consultation Required.--In establishing the program,
the Administrator shall consult with--
(1) appropriate personnel of the Administration (including
District Office personnel of the Administration);
(2) appropriate technical assistance providers (including
small business development centers);
(3) appropriate lenders and credit unions;
(4) the Committee on Small Business and Entrepreneurship of
the Senate; and
(5) the Committee on Small Business of the House of
Representatives.
(d) Rules.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall issue rules in
final form establishing and implementing the program in
accordance with this section. Such rules shall apply as
provided for in this section, beginning 90 days after their
issuance in final form.
(2) Contents.--The rules promulgated under paragraph (1)
shall--
(A) identify whether appropriate uses of funds under the
program may include--
(i) paying employees;
(ii) paying bills and other financial obligations;
(iii) making repairs;
(iv) purchasing inventory;
(v) restarting or operating a small business concern in the
community in which it was conducting operations prior to the
declared disaster, or to a neighboring area, county, or
parish in the disaster area; or
(vi) covering additional costs until the small business
concern is able to obtain funding through insurance claims,
Federal assistance programs, or other sources; and
(B) set the terms and conditions of any loan made under the
program, subject to paragraph (3).
(3) Terms and conditions.--A loan made by the
Administration under this section--
(A) shall be for not more than $150,000;
(B) shall be a short-term loan, not to exceed 180 days,
except that the Administrator may extend such term as the
Administrator determines necessary or appropriate on a case-
by-case basis;
(C) shall have an interest rate not to exceed 1 percentage
point above the prime rate of interest that a private lender
may charge;
(D) shall have no prepayment penalty;
(E) may only be made to a borrower that meets the
requirements for a loan under section 7(b) of the Small
Business Act (15 U.S.C. 636(b));
(F) may be refinanced as part of any subsequent disaster
assistance provided under section 7(b) of the Small Business
Act;
(G) may receive expedited loss verification and loan
processing, if the applicant is--
(i) a major source of employment in the disaster area
(which shall be determined in the same manner as under
section 7(b)(3)(B) of the Small Business Act (15 U.S.C.
636(b)(3)(B))); or
(ii) vital to recovery efforts in the region (including
providing debris removal services, manufactured housing, or
building materials); and
(H) shall be subject to such additional terms as the
Administrator determines necessary or appropriate.
(e) Report to Congress.--Not later than 5 months after the
date of enactment of this Act, the Administrator shall report
to the Committee on Small Business and Entrepreneurship of
the Senate and the Committee on Small Business of the House
of Representatives on the progress of the Administrator in
establishing the program.
(f) Authorization.--There are authorized to be appropriated
to the Administrator such sums as are necessary to carry out
this section.

SEC. 205. HUBZONES.

(a) In General.--Section 3(p) of the Small Business Act (15
U.S.C. 632(p)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``or'';
(B) in subparagraph (E), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(F) areas in which the President has 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)) as a result of Hurricane Katrina of
August 2005 or Hurricane Rita of September 2005, during the
time period described in paragraph (8); or
``(G) catastrophic national disaster areas.'';
(2) in paragraph (4), by adding at the end the following:
``(E) Catastrophic national disaster area.--
``(i) In general.--The term `catastrophic national disaster
area' means an area--

``(I) affected by a catastrophic national disaster declared
under section 7(b)(11), during the time period described in
clause (ii); and
``(II) for which the Administrator determines that
designation as a HUBZone would substantially contribute to
the reconstruction and recovery effort in that area.

``(ii) Time period.--The time period for the purposes of
clause (i)--

``(I) shall be the 2-year period beginning on the date that
the applicable catastrophic national disaster was declared
under section 7(b)(11); and
``(II) may, at the discretion of the Administrator, be
extended to be the 3-year period beginning on the date
described in subclause (I).''; and

(3) by adding at the end the following:
``(8) Time period.--The time period for the purposes of
paragraph (1)(F)--
``(A) shall be the 2-year period beginning on the later of
the date of enactment of this paragraph and August 29, 2007;
and
``(B) may, at the discretion of the Administrator, be
extended to be the 3-year period beginning on the later of
the date of enactment of this paragraph and August 29,
2007.''.
(b) Tolling of Graduation.--Section 7(j)(10)(C) of the
Small Business Act (15 U.S.C. 636(j)(10)(C)) is amended by
adding at the end the following:
``(iii)(I) For purposes of this subparagraph, if the
Administrator designates an area as a HUBZone under section
3(p)(4)(E)(i)(II), the Administrator shall not count the time
period described in subclause (II) of this clause for any
small business concern--
``(aa) that is participating in any program, activity, or
contract under section 8(a); and
``(bb) the principal place of business of which is located
in that area.

[[Page S10949]]

``(II) The time period for purposes of subclause (I)--
``(aa) shall be the 2-year period beginning on the date
that the applicable catastrophic national disaster was
declared under section 7(b)(11); and
``(bb) may, at the discretion of the Administrator, be
extended to be the 3-year period beginning on the date
described in item (aa).''.
(c) Study of HUBZone Disaster Areas.--Not later than 1 year
after the date of enactment of this Act, the Comptroller
General of the United States shall submit a report to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives evaluating the designation by the
Administrator of catastrophic national disaster areas, as
that term is defined in section 3(p)(4)(E) of the Small
Business Act (as added by this Act), as HUBZones.

TITLE III--DISASTER ASSISTANCE OVERSIGHT

SEC. 301. CONGRESSIONAL OVERSIGHT.

(a) Monthly Accounting Report to Congress.--
(1) Reporting requirements.--Not later than the fifth
business day of each month during the applicable period for a
major disaster, the Administrator shall provide to the
Committee on Small Business and Entrepreneurship and the
Committee on Appropriations of the Senate and to the
Committee on Small Business and the Committee on
Appropriations of the House of Representatives a report on
the operation of the disaster loan program authorized under
section 7 of the Small Business Act (15 U.S.C. 636) for that
major disaster during the preceding month.
(2) Contents.--Each report under paragraph (1) shall
include--
(A) the daily average lending volume, in number of loans
and dollars, and the percent by which each category has
increased or decreased since the previous report under
paragraph (1);
(B) the weekly average lending volume, in number of loans
and dollars, and the percent by which each category has
increased or decreased since the previous report under
paragraph (1);
(C) the amount of funding spent over the month for loans,
both in appropriations and program level, and the percent by
which each category has increased or decreased since the
previous report under paragraph (1);
(D) the amount of funding available for loans, both in
appropriations and program level, and the percent by which
each category has increased or decreased since the previous
report under paragraph (1), noting the source of any
additional funding;
(E) an estimate of how long the available funding for such
loans will last, based on the spending rate;
(F) the amount of funding spent over the month for staff,
along with the number of staff, and the percent by which each
category has increased or decreased since the previous report
under paragraph (1);
(G) the amount of funding spent over the month for
administrative costs, and the percent by which such spending
has increased or decreased since the previous report under
paragraph (1);
(H) the amount of funding available for salaries and
expenses combined, and the percent by which such funding has
increased or decreased since the previous report under
paragraph (1), noting the source of any additional funding;
and
(I) an estimate of how long the available funding for
salaries and expenses will last, based on the spending rate.
(b) Daily Disaster Updates to Congress for Presidentially
Declared Disasters.--
(1) In general.--Each day during a disaster update period,
excluding Federal holidays and weekends, the Administration
shall provide to the Committee on Small Business and
Entrepreneurship of the Senate and to the Committee on Small
Business of the House of Representatives a report on the
operation of the disaster loan program of the Administration
for the area in which the President declared a major
disaster.
(2) Contents.--Each report under paragraph (1) shall
include--
(A) the number of Administration staff performing loan
processing, field inspection, and other duties for the
declared disaster, and the allocations of such staff in the
disaster field offices, disaster recovery centers, workshops,
and other Administration offices nationwide;
(B) the daily number of applications received from
applicants in the relevant area, as well as a breakdown of
such figures by State;
(C) the daily number of applications pending application
entry from applicants in the relevant area, as well as a
breakdown of such figures by State;
(D) the daily number of applications withdrawn by
applicants in the relevant area, as well as a breakdown of
such figures by State;
(E) the daily number of applications summarily declined by
the Administration from applicants in the relevant area, as
well as a breakdown of such figures by State;
(F) the daily number of applications declined by the
Administration from applicants in the relevant area, as well
as a breakdown of such figures by State;
(G) the daily number of applications in process from
applicants in the relevant area, as well as a breakdown of
such figures by State;
(H) the daily number of applications approved by the
Administration from applicants in the relevant area, as well
as a breakdown of such figures by State;
(I) the daily dollar amount of applications approved by the
Administration from applicants in the relevant area, as well
as a breakdown of such figures by State;
(J) the daily amount of loans dispersed, both partially and
fully, by the Administration to applicants in the relevant
area, as well as a breakdown of such figures by State;
(K) the daily dollar amount of loans disbursed, both
partially and fully, from the relevant area, as well as a
breakdown of such figures by State;
(L) the number of applications approved, including dollar
amount approved, as well as applications partially and fully
disbursed, including dollar amounts, since the last report
under paragraph (1); and
(M) the declaration date, physical damage closing date,
economic injury closing date, and number of counties included
in the declaration of a major disaster.
(c) Notice of the Need for Supplemental Funds.--On the same
date that the Administrator notifies any committee of the
Senate or the House of Representatives that supplemental
funding is necessary for the disaster loan program of the
Administration in any fiscal year, the Administrator shall
notify in writing the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives regarding the need
for supplemental funds for that loan program.
(d) Report on Contracting.--
(1) In general.--Not later than 6 months after the date on
which the President declares a major disaster, and every 6
months thereafter until the date that is 18 months after the
date on which the major disaster was declared, the
Administrator shall submit a report to the Committee on Small
Business and Entrepreneurship of the Senate and to the
Committee on Small Business of the House of Representatives
regarding Federal contracts awarded as a result of that major
disaster.
(2) Contents.--Each report submitted under paragraph (1)
shall include--
(A) the total number of contracts awarded as a result of
that major disaster;
(B) the total number of contracts awarded to small business
concerns as a result of that major disaster;
(C) the total number of contracts awarded to women and
minority-owned businesses as a result of that major disaster;
and
(D) the total number of contracts awarded to local
businesses as a result of that major disaster.
(e) Report on Loan Approval Rate.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall submit a
report to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small
Business of the House of Representatives detailing how the
Administration can improve the processing of applications
under the disaster loan program of the Administration.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) recommendations, if any, regarding--
(i) staffing levels during a major disaster;
(ii) how to improve the process for processing, approving,
and disbursing loans under the disaster loan program of the
Administration, to ensure that the maximum assistance is
provided to victims in a timely manner;
(iii) the viability of using alternative methods for
assessing the ability of an applicant to repay a loan,
including the credit score of the applicant on the day before
the date on which the disaster for which the applicant is
seeking assistance was declared;
(iv) methods, if any, for the Administration to expedite
loss verification and loan processing of disaster loans
during a major disaster for businesses affected by, and
located in the area for which the President declared, the
major disaster that are a major source of employment in the
area or are vital to recovery efforts in the region
(including providing debris removal services, manufactured
housing, or building materials);
(v) legislative changes, if any, needed to implement
findings from the Accelerated Disaster Response Initiative of
the Administration; and
(vi) a description of how the Administration plans to
integrate and coordinate the response to a major disaster
with the technical assistance programs of the Administration;
and
(B) the plans of the Administrator for implementing any
recommendation made under subparagraph (A).

TITLE IV--ENERGY EMERGENCIES

SEC. 401. FINDINGS.

Congress finds that--
(1) a significant number of small business concerns in the
United States, nonfarm as well as agricultural producers, use
heating oil, natural gas, propane, or kerosene to heat their
facilities and for other purposes;
(2) a significant number of small business concerns in the
United States sell, distribute, market, or otherwise engage
in commerce directly related to heating oil, natural gas,
propane, and kerosene; and
(3) significant increases in the price of heating oil,
natural gas, propane, or kerosene--
(A) disproportionately harm small business concerns
dependent on those fuels or that use, sell, or distribute
those fuels in the ordinary course of their business, and can
cause them substantial economic injury;

[[Page S10950]]

(B) can negatively affect the national economy and regional
economies;
(C) have occurred in the winters of 1983 to 1984, 1988 to
1989, 1996 to 1997, 1999 to 2000, 2000 to 2001, and 2004 to
2005; and
(D) can be caused by a host of factors, including
international conflicts, global or regional supply
difficulties, weather conditions, insufficient inventories,
refinery capacity, transportation, and competitive structures
in the markets, causes that are often unforeseeable to, and
beyond the control of, those who own and operate small
business concerns.

SEC. 402. SMALL BUSINESS ENERGY EMERGENCY DISASTER LOAN
PROGRAM.

(a) In General.--Section 7(b) of the Small Business Act (15
U.S.C. 636(b)) is amended by inserting after paragraph (11),
as added by this Act, the following:
``(12) Energy emergencies.--
``(A) Definitions.--In this paragraph--
``(i) the term `base price index' means the moving average
of the closing unit price on the New York Mercantile Exchange
for heating oil, natural gas, or propane for the 10 days, in
each of the most recent 2 preceding years, which correspond
to the trading days described in clause (ii);
``(ii) the term `current price index' means the moving
average of the closing unit price on the New York Mercantile
Exchange, for the 10 most recent trading days, for contracts
to purchase heating oil, natural gas, or propane during the
subsequent calendar month, commonly known as the `front
month';
``(iii) the term `heating fuel' means heating oil, natural
gas, propane, or kerosene; and
``(iv) the term `significant increase' means--

``(I) with respect to the price of heating oil, natural
gas, or propane, any time the current price index exceeds the
base price index by not less than 40 percent; and
``(II) with respect to the price of kerosene, any increase
which the Administrator, in consultation with the Secretary
of Energy, determines to be significant.

``(B) Authorization.--The Administration may make such
loans, either directly or in cooperation with banks or other
lending institutions through agreements to participate on an
immediate or deferred basis, to assist a small business
concern that has suffered or that is likely to suffer
substantial economic injury as the result of a significant
increase in the price of heating fuel occurring on or after
October 1, 2004.
``(C) Interest rate.--Any loan or guarantee extended under
this paragraph shall be made at the same interest rate as
economic injury loans under paragraph (2).
``(D) Maximum amount.--No loan may be made under this
paragraph, either directly or in cooperation with banks or
other lending institutions through agreements to participate
on an immediate or deferred basis, if the total amount
outstanding and committed to the borrower under this
subsection would exceed $1,500,000, unless such borrower
constitutes a major source of employment in its surrounding
area, as determined by the Administrator, in which case the
Administrator, in the discretion of the Administrator, may
waive the $1,500,000 limitation.
``(E) Declarations.--For purposes of assistance under this
paragraph--
``(i) a declaration of a disaster area based on conditions
specified in this paragraph shall be required, and shall be
made by the President or the Administrator; or
``(ii) if no declaration has been made under clause (i),
the Governor of a State in which a significant increase in
the price of heating fuel has occurred may certify to the
Administration that small business concerns have suffered
economic injury as a result of such increase and are in need
of financial assistance which is not otherwise available on
reasonable terms in that State, and upon receipt of such
certification, the Administration may make such loans as
would have been available under this paragraph if a disaster
declaration had been issued.
``(F) Use of funds.--Notwithstanding any other provision of
law, loans made under this paragraph may be used by a small
business concern described in subparagraph (B) to convert
from the use of heating fuel to a renewable or alternative
energy source, including agriculture and urban waste,
geothermal energy, cogeneration, solar energy, wind energy,
or fuel cells.''.
(b) Conforming Amendments Relating to Heating Fuel.--
Section 3(k) of the Small Business Act (15 U.S.C. 632(k)) is
amended--
(1) by inserting ``, significant increase in the price of
heating fuel'' after ``civil disorders''; and
(2) by inserting ``other'' before ``economic''.
(c) Effective Period.--The amendments made by this section
shall apply during the 4-year period beginning on the date on
which guidelines are published by the Administrator under
section 404.

SEC. 403. AGRICULTURAL PRODUCER EMERGENCY LOANS.

(a) In General.--Section 321(a) of the Consolidated Farm
and Rural Development Act (7 U.S.C. 1961(a)) is amended--
(1) in the first sentence--
(A) by striking ``operations have'' and inserting
``operations (i) have''; and
(B) by inserting before ``: Provided,'' the following: ``,
or (ii)(I) are owned or operated by such an applicant that is
also a small business concern (as defined in section 3 of the
Small Business Act (15 U.S.C. 632)), and (II) have suffered
or are likely to suffer substantial economic injury on or
after October 1, 2004, as the result of a significant
increase in energy costs or input costs from energy sources
occurring on or after October 1, 2004, in connection with an
energy emergency declared by the President or the
Secretary'';
(2) in the third sentence, by inserting before the period
at the end the following: ``or by an energy emergency
declared by the President or the Secretary''; and
(3) in the fourth sentence--
(A) by inserting ``or energy emergency'' after ``natural
disaster'' each place that term appears; and
(B) by inserting ``or declaration'' after ``emergency
designation''.
(b) Funding.--Funds available on the date of enactment of
this Act for emergency loans under subtitle C of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et
seq.) shall be available to carry out the amendments made by
subsection (a) to meet the needs resulting from energy
emergencies.
(c) Effective Period.--The amendments made by this section
shall apply during the 4-year period beginning on the date on
which guidelines are published by the Secretary of
Agriculture under section 404.

SEC. 404. GUIDELINES AND RULEMAKING.

(a) Guidelines.--Not later than 30 days after the date of
enactment of this Act, the Administrator and the Secretary of
Agriculture shall each issue such guidelines as the
Administrator or the Secretary, as applicable, determines to
be necessary to carry out this title and the amendments made
by this title.
(b) Rulemaking.--Not later than 30 days after the date of
enactment of this Act, the Administrator, after consultation
with the Secretary of Energy, shall promulgate regulations
specifying the method for determining a significant increase
in the price of kerosene under section 7(b)(12)(A)(iv)(II) of
the Small Business Act, as added by this Act.

SEC. 405. REPORTS.

(a) Small Business Administration.--Not later than 12
months after the date on which the Administrator issues
guidelines under section 404, and annually thereafter until
the date that is 12 months after the end of the effective
period of section 7(b)(12) of the Small Business Act, as
added by this Act, the Administrator shall submit to the
Committee on Small Business and Entrepreneurship of the
Senate and the Committee on Small Business of the House of
Representatives, a report on the effectiveness of the
assistance made available under section 7(b)(12) of the Small
Business Act, as added by this Act, including--
(1) the number of small business concerns that applied for
a loan under such section and the number of those that
received such loans;
(2) the dollar value of those loans;
(3) the States in which the small business concerns that
received such loans are located;
(4) the type of heating fuel or energy that caused the
significant increase in the cost for the participating small
business concerns; and
(5) recommendations for ways to improve the assistance
provided under such section 7(b)(12), if any.
(b) Department of Agriculture.--Not later than 12 months
after the date on which the Secretary of Agriculture issues
guidelines under section 404, and annually thereafter until
the date that is 12 months after the end of the effective
period of the amendments made to section 321(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1961(a)) by this title, the Secretary shall submit to the
Committee on Small Business and Entrepreneurship and the
Committee on Agriculture, Nutrition, and Forestry of the
Senate and the Committee on Small Business and the Committee
on Agriculture of the House of Representatives, a report
that--
(1) describes the effectiveness of the assistance made
available under section 321(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1961(a)); and
(2) contains recommendations for ways to improve the
assistance provided under such section 321(a), if any.
______

SA 2651. Mr. REID (for Mr. Bond) 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 50, strike line 15 and all that follows through
page 60, line 3.
______

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

[[Page S10951]]

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''.
______

SA 2653. Mr. REID (for Mr. Dodd (for himself and Mr. Reed)) proposed
an amendment to the bill H.R. 2358, to require the Secretary of the
Treasury to mint and issue coins in commemoration of Native Americans
and the important contributions made by Indian tribes and individual
Native Americans to the development of the United States and the
history of the United States, and for other purposes; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Native American $1 Coin
Act''.

SEC. 2. NATIVE AMERICAN $1 COIN PROGRAM.

Section 5112 of title 31, United States Code, is amended by
adding at the end the following:
``(r) Redesign and Issuance of Circulating $1 Coins
Honoring Native Americans and the Important Contributions
Made by Indian Tribes and Individual Native Americans in
United States History.--
``(1) Redesign beginning in 2008.--
``(A) In general.--Effective beginning January 1, 2008,
notwithstanding subsection (d), in addition to the coins to
be issued pursuant to subsection (n), and in accordance with
this subsection, the Secretary shall mint and issue $1 coins
that--
``(i) have as the designs on the obverse the so-called
`Sacagawea design'; and
``(ii) have a design on the reverse selected in accordance
with paragraph (2)(A), subject to paragraph (3)(A).
``(B) Delayed date.--If the date of the enactment of the
Native American $1 Coin Act is after August 25, 2007,
subparagraph (A) shall be applied by substituting `2009' for
`2008'.
``(2) Design requirements.--The $1 coins issued in
accordance with paragraph (1) shall meet the following design
requirements:
``(A) Coin reverse.--The design on the reverse shall bear--
``(i) images celebrating the important contributions made
by Indian tribes and individual Native Americans to the
development of the United States and the history of the
United States;
``(ii) the inscription `$1' ; and
``(iii) the inscription `United States of America'.
``(B) Coin obverse.--The design on the obverse shall--
``(i) be chosen by the Secretary, after consultation with
the Commission of Fine Arts and review by the Citizens
Coinage Advisory Committee; and
``(ii) contain the so-called `Sacagawea design' and the
inscription `Liberty'.
``(C) Edge-incused inscriptions.--
``(i) In general.--The inscription of the year of minting
and issuance of the coin and the inscriptions `E Pluribus
Unum' and `In God We Trust' shall be edge-incused into the
coin.
``(ii) Preservation of distinctive edge.--The edge-incusing
of the inscriptions under clause (i) on coins issued under
this subsection shall be done in a manner that preserves the
distinctive edge of the coin so that the denomination of the
coin is readily discernible, including by individuals who are
blind or visually impaired.
``(D) Reverse design selection.--The designs selected for
the reverse of the coins described under this subsection--
``(i) shall be chosen by the Secretary after consultation
with the Committee on Indian Affairs of the Senate, the
Congressional Native American Caucus of the House of
Representatives, the Commission of Fine Arts, and the
National Congress of American Indians;
``(ii) shall be reviewed by the Citizens Coinage Advisory
Committee;
``(iii) may depict individuals and events such as--

``(I) the creation of Cherokee written language;
``(II) the Iroquois Confederacy;
``(III) Wampanoag Chief Massasoit;
``(IV) the `Pueblo Revolt';
``(V) Olympian Jim Thorpe;
``(VI) Ely S. Parker, a general on the staff of General
Ulysses S. Grant and later head of the Bureau of Indian
Affairs; and
``(VII) code talkers who served the United States Armed
Forces during World War I and World War II; and

``(iv) in the case of a design depicting the contribution
of an individual Native American to the development of the
United States and the history of the United States, shall not
depict the individual in a size such that the coin could be
considered to be a `2-headed' coin.
``(3) Issuance of coins commemorating 1 native american
event during each year.--
``(A) In general.--Each design for the reverse of the $1
coins issued during each year shall be emblematic of 1
important Native American or Native American contribution
each year.
``(B) Issuance period.--Each $1 coin minted with a design
on the reverse in accordance with this subsection for any
year shall be issued during the 1-year period beginning on
January 1 of that year and shall be available throughout the
entire 1-year period.
``(C) Order of issuance of designs.--Each coin issued under
this subsection commemorating Native Americans and their
contributions--
``(i) shall be issued, to the maximum extent practicable,
in the chronological order in which the Native Americans
lived or the events occurred, until the termination of the
coin program described in subsection (n); and
``(ii) thereafter shall be issued in any order determined
to be appropriate by the Secretary, after consultation with
the Committee on Indian Affairs of the Senate, the
Congressional Native American Caucus of the House of
Representatives, and the National Congress of American
Indians.
``(4) Issuance of numismatic coins.--The Secretary may mint
and issue such number of $1 coins of each design selected
under this subsection in uncirculated and proof qualities as
the Secretary determines to be appropriate.
``(5) Quantity.--The number of $1 coins minted and issued
in a year with the Sacagawea-design on the obverse shall be
not less than 20 percent of the total number of $1 coins
minted and issued in such year.''.

[[Page S10952]]

SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.

Section 5112(n)(1) of title 31, United States Code, is
amended--
(1) by striking the paragraph designation and heading and
all that follows through ``Notwithstanding subsection (d)''
and inserting the following:
``(1) Redesign beginning in 2007.--Notwithstanding
subsection (d)'';
(2) by striking subparagraph (B); and
(3) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively, and indenting the subparagraphs
appropriately.

SEC. 4. REMOVAL OF BARRIERS TO CIRCULATION OF $1 COIN.

(a) In General.--In order to remove barriers to
circulation, the Secretary of the Treasury shall carry out an
aggressive, cost-effective, continuing campaign to encourage
commercial enterprises to accept and dispense $1 coins that
have as designs on the obverse the so-called ``Sacagawea
design''.
(b) Report.--The Secretary of the Treasury shall submit to
Congress an annual report on the success of the efforts
described in subsection (a).

______

SA 2654. Mr. COLEMAN (for Mr. Bond (for himself, Mr. Coleman, and Ms.
Klobuchar)) proposed an amendment to the bill H.R. 3311, Official Title
Not Available; as follows:

In section 1112(b)(1) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act: A Legacy for Users (as
added by section 3), strike subparagraph (B) and insert the
following:
``(B) use not to exceed $5,000,000 of the funds made
available for fiscal year 2007 for Federal Transit
Administration Discretionary Programs, Bus and Bus Facilities
(without any local matching funds requirement) for operating
expenses of the Minnesota State department of transportation
for actual and necessary costs of maintenance and operation,
less the amount of fares earned, which are provided by the
Metropolitan Council (of Minnesota) as a temporary substitute
for highway traffic service following the collapse of the
Interstate I-35W bridge in Minneapolis, Minnesota, on August
1, 2007, until highway traffic service is restored on such
bridge.
______

SA 2655. Mr. REID (for Mr. Kyl (for himself and Mr. Leahy)) proposed
an amendment to the bill S. 849, to promote accessibility,
accountability, and openness in Government by strengthening section 552
of title 5, United States Code (commonly to as the Freedom of
Information Act), and for other purposes; as follows:

The bill is amended as follows:
(a) News-Media Status.--At page 4, strike lines 4 though 15
and insert:

``The term ``a representative of the news media'' means any
person or entity that gathers information of potential
interest to a segment of the public, uses its editorial
skills to turn the raw materials into a distinct work, and
distributes that work to an audience. The term ``news'' means
information that is about current events or that would be of
current interest to the public. Examples of news-media
entities are television or radio stations broadcasting to the
public at large and publishers of periodicals (but only if
such entities qualify as disseminators of ``news'') who make
their products available for purchase by or subscription by
or free distribution to the general public. These examples
are not all-inclusive. Moreover, as methods of news delivery
evolve (for example, the adoption of the electronic
dissemination of newspapers through telecommunications
services), such alternative media shall be considered to be
news-media entities. A freelance journalist shall be regarded
as working for a newsmedia entity if the journalist can
demonstrate a solid basis for expecting publication through
that entity, whether or not the journalist is actually
employed by the entity. A publication contract would present
a solid basis for such an expectation; the Government may
also consider the past publication record of the requester in
making such a determination.''.
(b) Attorneys' Fees.--At page 5, strike lines 1 through 7
and insert:
``(1) a judicial order, or an enforceable written agreement
or consent decree; or
(II) a voluntary or unilateral change in position by the
agency, provided that the complainant's claim is not
insubstantial.''.
(c) Commencement of 20-Day Period and Tolling.--At page 6,
lines 1 through 7 and insert:
``(1) In general.--Section 552(a)(6)(A)(i) of title 5,
United States Code, is amended by striking ``determination;''
and inserting:

``determination. The 20-day period shall commence on the date
on which the request is first received by the appropriate
component of the agency, but in any event no later than ten
days after the request is first received by any component of
the agency that is designated in the agency's FOIA
regulations to receive FOIA requests. The 20-day period shall
not be tolled by the agency except (I) that the agency may
make one request to the requester for information and toll
the 20-day period while it is awaiting such information that
it has reasonably requested from the FOIA requester or (II)
if necessary to clarify with the requester issues regarding
fee assessment. In either case, the agency's receipt of the
requester's response to the agency's request for
information or clarification ends the tolling period;''.
(d) Compliance With Time Limits.--At page 6, strike line 11
and all that follows through page 7, line 4, and insert:
``(b) Compliance With Time Limits--
(l)(A) Section 552(a)(4)(A) of title 5, United States Code,
is amended by adding at the end the following:
``(viii) An agency shall not assess search fees under this
subparagraph if the agency fails to comply with any time
limit under paragraph (6), provided that no unusual or
exceptional circumstances (as those terms are defined for
purposes of paragraphs (6)(B) and (C), respectively) apply to
the processing of the request.''.
(B) Section 552(a)(6)(B)(ii) of title 5, United States
Code, is amended by inserting between the first and second
sentences the following:

``To aid the requester, each agency shall make available its
FOIA Public Liaison, who shall assist in the resolution of
any disputes between the requester and the agency.''
(e) Status of Requests.--At page 7:
(1) strike lines 17 through 22 and insert:
``(A) establish a system to assign an individualized
tracking number for each request received that will take
longer than ten days to process and provide to each person
making a request the tracking number assigned to the request;
and''.
(2) at line 23, strike ``(C)'' and insert ``(B)''.
(f) Clear Statement for Exemptions.--At page 8, strike line
19 and all that follows through the end of the section and
insert:
``(A) if enacted prior to the date of enactment of the OPEN
Government Act of 2007, requires that the matters be withheld
from the public in such a manner as to leave no discretion on
the issue, or establishes particular criteria for withholding
or refers to particular types of matters to be withheld; or
``(B) if enacted after the date of enactment of the OPEN
Government Act of 2007, specifically cites to the Freedom of
Information Act.''.
(g) Private Records Management.--At page 13, lines 14
through 15, strike ``a contract between the agency and the
entity.'' and insert ``Government contract, for the purposes
of records management.''.
(h) Policy Reviews, Audits, and Chief FOIA Officers and
Public Liaisons.--Strike section 11 and insert the following:

``SEC. 11. OFFICE OF GOVERNMENT INFORMATION SERVICES.

``(a) In General.--Section 552 of title 5, United States
Code, is amended by adding at the end the following:
``(h) There is established the Office of Government
Information Services within the National Archives and Records
Administration. The Office of Government Information Services
shall review policies and procedures of administrative
agencies under section 552, shall review compliance with
section 552 by administrative agencies, and shall recommend
policy changes to Congress and the President to improve the
administration of section 552. The Office of Government
Information Services shall offer mediation services to
resolve disputes between persons making requests under
section 552 and administrative agencies as a non-exclusive
alternative to litigation and, at the discretion of the
Office, may issue advisory opinions if mediation has not
resolved the dispute.
``(i) The Government Accountability Office shall conduct
audits of administrative agencies on the implementation of
section 552 and issue reports detailing the results of such
audits.
``(j) Each agency shall--
``(1) Designate a Chief FOIA Officer who shall be a senior
official of such agency (at the Assistant Secretary or
equivalent level).
General duties.--The Chief FOIA Officer of each agency
shall, subject to the authority of the head of the agency--
``(A) have agency-wide responsibility for efficient and
appropriate compliance with the FOIA;
``(B) monitor FOIA implementation throughout the agency and
keep the head of the agency, the chief legal officer of the
agency, and the Attorney General appropriately informed of
the agency's performance in implementing the FOIA;
``(C) recommend to the head of the agency such adjustments
to agency practices, policies, personnel, and funding as may
be necessary to improve its implementation of the FOIA;
``(D) review and report to the Attorney General, through
the head of the agency, at such times and in such formats as
the Attorney General may direct, on the agency's performance
in implementing the FOIA; and
``(E) facilitate public understanding of the purposes of
the FOIA's statutory exemptions by including concise
descriptions of the exemptions in both the agency's FOIA
handbook issued under section 552(g) of title 5, United
States Code, and the agency's annual FOIA report, and by
providing an overview, where appropriate, of certain general
categories of agency records to which those exemptions
apply.''
``(2) Designate one or more FOIA Public Liaisons who shall
be appointed by the Chief FOIA Officer.
General duties.--FOIA Public Liaisons shall report to the
agency Chief FOIA Officer and shall serve as supervisory
officials to whom a FOIA requester can raise concerns about
the service the FOIA requester has received from the FOIA
Requester Center, following an initial response from the FOIA
Requester Center staff. FOIA Public Liaisons

[[Page S10953]]

shall be responsible for assisting in reducing delays,
increasing transparency and understanding of the status of
requests, and assisting in the resolution of disputes.''
``(b) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act.''.
(i) Critical infrastructure information.--Strike section 12
of the bill.

____________________