[Congressional Record Volume 146, Number 120 (Monday, October 2, 2000)]
[Senate]
[Pages S9613-S9631]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2001

                                 ______
                                 

                       WARNER AMENDMENT NO. 4280

  Mr. LOTT (for Mr. Warner) proposed an amendment to the bill (S. 2507) 
to authorize appropriations for fiscal year 2001 for intelligence and 
intelligence-related activities of the United States Government, the 
Community Management Account, and the Central Intelligence Agency 
Retirement and Disability System, and for other purposes; as follows:

       On page 27, strike line 3 and all that follows through page 
     37, line 3, and insert the following:

     TITLE V--DEPARTMENT OF DEFENSE INTELLIGENCE ACTIVITIES

     SEC. 501. TWO-YEAR EXTENSION OF AUTHORITY TO ENGAGE IN 
                   COMMERCIAL ACTIVITIES AS SECURITY FOR 
                   INTELLIGENCE COLLECTION ACTIVITIES.

       Section 431(a) of title 10, United States Code, is amended 
     in the second sentence by striking ``December 31, 2000'' and 
     inserting ``December 31, 2002''.

     SEC. 502. ROLE OF DIRECTOR OF CENTRAL INTELLIGENCE IN 
                   EXPERIMENTAL PERSONNEL PROGRAM FOR CERTAIN 
                   SCIENTIFIC AND TECHNICAL PERSONNEL.

       If the Director of Central Intelligence requests that the 
     Secretary of Defense exercise any authority available to the 
     Secretary under section 1101(b) of the Strom Thurmond 
     National Defense Authorization Act for Fiscal Year 1999 
     (Public Law 105-261; 5 U.S.C. 3104 note) to carry out a 
     program of special personnel management authority at the 
     National Imagery and Mapping Agency and the National Security 
     Agency in order to facilitate recruitment of eminent experts 
     in science and engineering at such agencies, the Secretary 
     shall respond to such request not later than 30 days after 
     the date of such request.

     SEC. 503. PROHIBITION ON TRANSFER OF IMAGERY ANALYSTS FROM 
                   GENERAL DEFENSE INTELLIGENCE PROGRAM TO 
                   NATIONAL IMAGERY AND MAPPING AGENCY PROGRAM.

       (a) Prohibition on Use of Funds For Transfer.--No funds 
     authorized to be appropriated by this Act may be transferred 
     from the General Defense Intelligence Program to the National 
     Imagery and Mapping Agency Program for purposes of 
     transferring imagery analysis personnel from the General 
     Defense Intelligence Program to the National Imagery and 
     Mapping Agency Program.
       (b) Role of Director of NIMA as Functional Manager for 
     Imagery and Geospacial Programs.--(1) The Secretary of 
     Defense shall, in consultation with the Director of Central 
     Intelligence, review options for strengthening the role of 
     the Director of the National Imagery and Mapping Agency as 
     the functional manager for United States imagery and 
     geospacial programs.
       (2) Not later than March 15, 2001, the Secretary shall 
     submit to the appropriate committees of Congress a report on 
     the review required by subsection (b). The report shall 
     include any recommendations regarding modifications in the 
     role and duties of the Director of the National Imagery and 
     Mapping Agency that the Secretary considers appropriate in 
     light of the review.
       (3) In this subsection, the term ``appropriate committees 
     of Congress'' means the following:
       (A) The Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate.
       (B) The Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.

     SEC. 504. PROHIBITION ON TRANSFER OF COLLECTION MANAGEMENT 
                   PERSONNEL FROM GENERAL DEFENSE INTELLIGENCE 
                   PROGRAM TO COMMUNITY MANAGEMENT ACCOUNT.

       No funds authorized to be appropriated by this Act may be 
     transferred from the General Defense Intelligence Program to 
     the Community Management Account for purposes of transferring 
     intelligence collection management personnel.

     SEC. 505. AUTHORIZED PERSONNEL CEILING FOR GENERAL DEFENSE 
                   INTELLIGENCE PROGRAM.

       The authorized personnel ceiling for the General Defense 
     Intelligence Program specified in the classified Schedule of 
     Authorizations referred to in section 102 is hereby increased 
     by 2,152 positions.

     SEC. 506. MEASUREMENT AND SIGNATURE INTELLIGENCE.

       (a) Study of Options.--The Director of Central Intelligence 
     shall, in coordination with the Secretary of Defense, conduct 
     a study of the utility and feasibility of various options for 
     improving the management and organization of measurement and 
     signature intelligence, including--
       (1) the option of establishing a centralized tasking, 
     processing, exploitation, and dissemination facility for 
     measurement and signature intelligence;
       (2) options for recapitalizing and reconfiguring the 
     current systems for measurement and signature intelligence; 
     and
       (3) the operation and maintenance costs of the various 
     options.
       (b) Report.--Not later than April 1, 2001, the Director and 
     the Secretary shall jointly submit to the appropriate 
     committees of Congress a report on their findings as a result 
     of the study required by subsection (a). The report shall set 
     forth any recommendations that the Director and the Secretary 
     consider appropriate.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means the following:
       (1) The Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate.
       (2) The Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
                                 ______
                                 

                       SPECTER AMENDMENT NO. 4281

  Mr. LOTT (for Mr. Specter) proposed an amendment to the bill (S. 
2507) supra; as follows:

       At the end of the bill, add the following:

                 TITLE VI--COUNTERINTELLIGENCE MATTERS

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Counterintelligence Reform 
     Act of 2000''.

     SEC. 602. ORDERS FOR ELECTRONIC SURVEILLANCE UNDER THE 
                   FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

       (a) Requirements Regarding Certain Applications.--Section 
     104 of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1804) is amended by adding at the end the following 
     new subsection:
       ``(e)(1)(A) Upon written request of the Director of the 
     Federal Bureau of Investigation, the Secretary of Defense, 
     the Secretary of State, or the Director of Central 
     Intelligence, the Attorney General shall personally review 
     under subsection (a) an application under that subsection for 
     a target described in section 101(b)(2).
       ``(B) Except when disabled or otherwise unavailable to make 
     a request referred to in subparagraph (A), an official 
     referred to in that subparagraph may not delegate the 
     authority to make a request referred to in that subparagraph.
       ``(C) Each official referred to in subparagraph (A) with 
     authority to make a request under that subparagraph shall 
     take appropriate actions in advance to ensure that delegation 
     of such authority is clearly established in the event such 
     official is disabled or otherwise unavailable to make such 
     request.
       ``(2)(A) If as a result of a request under paragraph (1) 
     the Attorney General determines not to approve an application 
     under the second sentence of subsection (a) for purposes of 
     making the application under this section, the Attorney 
     General shall provide written notice of the determination to 
     the official making the request for the review of the 
     application under that paragraph. Except when disabled or 
     otherwise unavailable to make a determination under the 
     preceding sentence, the Attorney General may not delegate the 
     responsibility to make a determination under that sentence. 
     The Attorney

[[Page S9614]]

     General shall take appropriate actions in advance to ensure 
     that delegation of such responsibility is clearly established 
     in the event the Attorney General is disabled or otherwise 
     unavailable to make such determination.
       ``(B) Notice with respect to an application under 
     subparagraph (A) shall set forth the modifications, if any, 
     of the application that are necessary in order for the 
     Attorney General to approve the application under the second 
     sentence of subsection (a) for purposes of making the 
     application under this section.
       ``(C) Upon review of any modifications of an application 
     set forth under subparagraph (B), the official notified of 
     the modifications under this paragraph shall modify the 
     application if such official determines that such 
     modification is warranted. Such official shall supervise the 
     making of any modification under this subparagraph. Except 
     when disabled or otherwise unavailable to supervise the 
     making of any modification under the preceding sentence, such 
     official may not delegate the responsibility to supervise the 
     making of any modification under that preceding sentence. 
     Each such official shall take appropriate actions in advance 
     to ensure that delegation of such responsibility is clearly 
     established in the event such official is disabled or 
     otherwise unavailable to supervise the making of such 
     modification.''.
       (b) Probable Cause.--Section 105 of that Act (50 U.S.C. 
     1805) is amended--
       (1) by redesignating subsections (b), (c), (d), (e), (f), 
     and (g) as subsections (c), (d), (e), (f), (g), and (h), 
     respectively;
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) In determining whether or not probable cause exists 
     for purposes of an order under subsection (a)(3), a judge may 
     consider past activities of the target, as well as facts and 
     circumstances relating to current or future activities of the 
     target.''; and
       (3) in subsection (d), as redesignated by paragraph (1), by 
     striking ``subsection (b)(1)'' and inserting ``subsection 
     (c)(1)''.

     SEC. 603. ORDERS FOR PHYSICAL SEARCHES UNDER THE FOREIGN 
                   INTELLIGENCE SURVEILLANCE ACT OF 1978.

       (a) Requirements Regarding Certain Applications.--Section 
     303 of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1823) is amended by adding at the end the following 
     new subsection:
       ``(d)(1)(A) Upon written request of the Director of the 
     Federal Bureau of Investigation, the Secretary of Defense, 
     the Secretary of State, or the Director of Central 
     Intelligence, the Attorney General shall personally review 
     under subsection (a) an application under that subsection for 
     a target described in section 101(b)(2).
       ``(B) Except when disabled or otherwise unavailable to make 
     a request referred to in subparagraph (A), an official 
     referred to in that subparagraph may not delegate the 
     authority to make a request referred to in that subparagraph.
       ``(C) Each official referred to in subparagraph (A) with 
     authority to make a request under that subparagraph shall 
     take appropriate actions in advance to ensure that delegation 
     of such authority is clearly established in the event such 
     official is disabled or otherwise unavailable to make such 
     request.
       ``(2)(A) If as a result of a request under paragraph (1) 
     the Attorney General determines not to approve an application 
     under the second sentence of subsection (a) for purposes of 
     making the application under this section, the Attorney 
     General shall provide written notice of the determination to 
     the official making the request for the review of the 
     application under that paragraph. Except when disabled or 
     otherwise unavailable to make a determination under the 
     preceding sentence, the Attorney General may not delegate the 
     responsibility to make a determination under that sentence. 
     The Attorney General shall take appropriate actions in 
     advance to ensure that delegation of such responsibility is 
     clearly established in the event the Attorney General is 
     disabled or otherwise unavailable to make such determination.
       ``(B) Notice with respect to an application under 
     subparagraph (A) shall set forth the modifications, if any, 
     of the application that are necessary in order for the 
     Attorney General to approve the application under the second 
     sentence of subsection (a) for purposes of making the 
     application under this section.
       ``(C) Upon review of any modifications of an application 
     set forth under subparagraph (B), the official notified of 
     the modifications under this paragraph shall modify the 
     application if such official determines that such 
     modification is warranted. Such official shall supervise the 
     making of any modification under this subparagraph. Except 
     when disabled or otherwise unavailable to supervise the 
     making of any modification under the preceding sentence, such 
     official may not delegate the responsibility to supervise the 
     making of any modification under that preceding sentence. 
     Each such official shall take appropriate actions in advance 
     to ensure that delegation of such responsibility is clearly 
     established in the event such official is disabled or 
     otherwise unavailable to supervise the making of such 
     modification.''.
       (b) Probable Cause.--Section 304 of that Act (50 U.S.C. 
     1824) is amended--
       (1) by redesignating subsections (b), (c), (d), and (e) as 
     subsections (c), (d), (e), and (f), respectively; and
       (2) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) In determining whether or not probable cause exists 
     for purposes of an order under subsection (a)(3), a judge may 
     consider past activities of the target, as well as facts and 
     circumstances relating to current or future activities of the 
     target.''.

     SEC. 604. DISCLOSURE OF INFORMATION ACQUIRED UNDER THE 
                   FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 
                   FOR LAW ENFORCEMENT PURPOSES.

       (a) Inclusion of Information on Disclosure in Semiannual 
     Oversight Report.--Section 108(a) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1808(a)) is amended--
       (1) by inserting ``(1)'' after ``(a)''; and
       (2) by adding at the end the following new paragraph:
       ``(2) Each report under the first sentence of paragraph (1) 
     shall include a description of--
       ``(A) each criminal case in which information acquired 
     under this Act has been passed for law enforcement purposes 
     during the period covered by such report; and
       ``(B) each criminal case in which information acquired 
     under this Act has been authorized for use at trial during 
     such reporting period.''.
       (b) Report on Mechanisms for Determinations of Disclosure 
     of Information for Law Enforcement Purposes.--(1) The 
     Attorney General shall submit to the appropriate committees 
     of Congress a report on the authorities and procedures 
     utilized by the Department of Justice for determining whether 
     or not to disclose information acquired under the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
     seq.) for law enforcement purposes.
       (2) In this subsection, the term ``appropriate committees 
     of Congress'' means the following:
       (A) The Select Committee on Intelligence and the Committee 
     on the Judiciary of the Senate.
       (B) The Permanent Select Committee on Intelligence and the 
     Committee on the Judiciary of the House of Representatives.

     SEC. 605. COORDINATION OF COUNTERINTELLIGENCE WITH THE 
                   FEDERAL BUREAU OF INVESTIGATION.

       (a) Treatment of Certain Subjects of Investigation.--
     Subsection (c) of section 811 of the Intelligence 
     Authorization Act for Fiscal Year 1995 (50 U.S.C. 402a) is 
     amended--
       (1) in paragraphs (1) and (2), by striking ``paragraph 
     (3)'' and inserting ``paragraph (5)'';
       (2) by redesignating paragraphs (3), (4), (5), and (6) as 
     paragraphs (5), (6), (7), and (8), respectively;
       (3) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3)(A) The Director of the Federal Bureau of 
     Investigation shall submit to the head of the department or 
     agency concerned a written assessment of the potential impact 
     of the actions of the department or agency on a 
     counterintelligence investigation.
       ``(B) The head of the department or agency concerned 
     shall--
       ``(i) use an assessment under subparagraph (A) as an aid in 
     determining whether, and under what circumstances, the 
     subject of an investigation under paragraph (1) should be 
     left in place for investigative purposes; and
       ``(ii) notify in writing the Director of the Federal Bureau 
     of Investigation of such determination.
       ``(C) The Director of the Federal Bureau of Investigation 
     and the head of the department or agency concerned shall 
     continue to consult, as appropriate, to review the status of 
     an investigation covered by this paragraph and to reassess, 
     as appropriate, a determination of the head of the department 
     or agency concerned to leave a subject in place for 
     investigative purposes.''; and
       (4) in paragraph (5), as so redesignated, by striking 
     ``paragraph (1) or (2)'' and inserting ``paragraph (1), (2), 
     or (3)''.
       (b) Timely Provision of Information and Consultation on 
     Espionage Investigations.--Paragraph (2) of that subsection 
     is further amended--
       (1) by inserting ``in a timely manner'' after ``through 
     appropriate channels''; and
       (2) by inserting ``in a timely manner'' after ``are 
     consulted''.
       (c) Interference With Full Field Espionage 
     Investigations.--That subsection is further amended by 
     inserting after paragraph (3), as amended by subsection (a) 
     of this section, the following new paragraph (4):
       ``(4)(A) The Federal Bureau of Investigation shall notify 
     appropriate officials within the executive branch, including 
     the head of the department or agency concerned, of the 
     commencement of a full field espionage investigation with 
     respect to an employee within the executive branch.
       ``(B)(i) A department or agency may not conduct a polygraph 
     examination, interrogate, or otherwise take any action that 
     is likely to alert an employee covered by a notice under 
     subparagraph (A) of an investigation described in that 
     subparagraph without prior coordination with the Federal 
     Bureau of Investigation.
       ``(ii) Any examination, interrogation, or other action 
     taken under clause (i) shall be taken in consultation with 
     the Federal Bureau of Investigation.''.

     SEC. 606. ENHANCING PROTECTION OF NATIONAL SECURITY AT THE 
                   DEPARTMENT OF JUSTICE.

       (a) Authorization for Increased Resources To Fulfill 
     National Security Mission of the Department of Justice.--
     There are authorized to be appropriated to

[[Page S9615]]

     the Department of Justice for the activities of the Office of 
     Intelligence Policy and Review to help meet the increased 
     personnel demands to combat terrorism, process applications 
     to the Foreign Intelligence Surveillance Court, participate 
     effectively in counter-espionage investigations, provide 
     policy analysis on national security issues, and enhance 
     secure computer and telecommunications facilities--
       (1) $7,000,000 for fiscal year 2001;
       (2) $7,500,000 for fiscal year 2002; and
       (3) $8,000,000 for fiscal year 2003.
       (b) Availability of Funds.--(1) No funds authorized to be 
     appropriated by subsection (a) for the Office of Intelligence 
     Policy and Review may be obligated or expended until the 
     later of the dates on which the Attorney General submits the 
     reports required by paragraphs (2) and (3).
       (2)(A) The Attorney General shall submit to the committees 
     of Congress specified in subparagraph (B) a report on the 
     manner in which the funds authorized to be appropriated by 
     subsection (a) for the Office of Intelligence Policy and 
     Review will be used by that Office--
       (i) to improve and strengthen its oversight of Federal 
     Bureau of Investigation field offices in the implementation 
     of orders under the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1801 et seq.); and
       (ii) to streamline and increase the efficiency of the 
     application process under that Act.
       (B) The committees of Congress referred to in this 
     subparagraph are the following:
       (i) The Select Committee on Intelligence and the Committee 
     on the Judiciary of the Senate.
       (ii) The Permanent Select Committee on Intelligence and the 
     Committee on the Judiciary of the House of Representatives.
       (3) In addition to the report required by paragraph (2), 
     the Attorney General shall also submit to the Select 
     Committee on Intelligence of the Senate and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives a report that addresses the issues identified 
     in the semiannual report of the Attorney General to such 
     committees under section 108(a) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1808(a)) that was 
     submitted in April 2000, including any corrective actions 
     with regard to such issues. The report under this paragraph 
     shall be submitted in classified form.
       (4) Funds made available pursuant to subsection (a), in any 
     fiscal year, shall remain available until expended.
       (c) Report on Coordinating National Security and 
     Intelligence Functions Within the Department of Justice.--The 
     Attorney General shall report to the Select Committee on 
     Intelligence and the Committee on the Judiciary of the Senate 
     and the Permanent Select Committee on Intelligence and the 
     Committee on the Judiciary of the House of Representatives 
     within 120 days on actions that have been or will be taken by 
     the Department to--
       (1) promote quick and efficient responses to national 
     security issues;
       (2) centralize a point-of-contact within the Department on 
     national security matters for external entities and agencies; 
     and
       (3) coordinate the dissemination of intelligence 
     information within the appropriate components of the 
     Department and the formulation of policy on national security 
     issues.

     SEC. 607. COORDINATION REQUIREMENTS RELATING TO THE 
                   PROSECUTION OF CASES INVOLVING CLASSIFIED 
                   INFORMATION.

       The Classified Information Procedures Act (18 U.S.C. App.) 
     is amended by inserting after section 9 the following new 
     section:


   ``coordination requirements relating to the prosecution of cases 
                    involving classified information

       ``Sec. 9A. (a) Briefings Required.--The Assistant Attorney 
     General for the Criminal Division and the appropriate United 
     States Attorney, or the designees of such officials, shall 
     provide briefings to the senior agency official, or the 
     designee of such official, with respect to any case involving 
     classified information that originated in the agency of such 
     senior agency official.
       ``(b) Timing of Briefings.--Briefings under subsection (a) 
     with respect to a case shall occur--
       ``(1) as soon as practicable after the Department of 
     Justice and the United States Attorney concerned determine 
     that a prosecution or potential prosecution could result; and
       ``(2) at such other times thereafter as are necessary to 
     keep the senior agency official concerned fully and currently 
     informed of the status of the prosecution.
       ``(c) Senior Agency Official Defined.--In this section, the 
     term `senior agency official' has the meaning given that term 
     in section 1.1 of Executive Order No. 12958.''.

     SEC. 608. SEVERABILITY.

       If any provision of this title (including an amendment made 
     by this title), or the application thereof, to any person or 
     circumstance, is held invalid, the remainder of this title 
     (including the amendments made by this title), and the 
     application thereof, to other persons or circumstances shall 
     not be affected thereby.
                                 ______
                                 

                      FEINSTEIN AMENDMENT NO. 4282

  Mr. BRYAN (for Mrs. Feinstein) proposed an amendment to the bill, S. 
2507, supra; as follows:

       On page 37, after line 3, add the following:

     TITLE VI--DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL ARMY

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Japanese Imperial Army 
     Disclosure Act''.

     SEC. 602. ESTABLISHMENT OF JAPANESE IMPERIAL ARMY RECORDS 
                   INTERAGENCY WORKING GROUP.

       (a) Definitions.--In this section:
       (1) Agency.--The term ``agency'' has the meaning given such 
     term under section 551 of title 5, United States Code.
       (2) Interagency group.--The term ``Interagency Group'' 
     means the Japanese Imperial Army Records Interagency Working 
     Group established under subsection (b).
       (3) Japanese imperial army records.--The term ``Japanese 
     Imperial Army records'' means classified records or portions 
     of records that pertain to any person with respect to whom 
     the United States Government, in its sole discretion, has 
     grounds to believe ordered, incited, assisted, or otherwise 
     participated in the experimentation and persecution of any 
     person because of race, religion, national origin, or 
     political option, during the period beginning September 18, 
     1931, and ending on December 31, 1948, under the direction 
     of, or in association with--
       (A) the Japanese Imperial Army;
       (B) any government in any area occupied by the military 
     forces of the Japanese Imperial Army;
       (C) any government established with the assistance or 
     cooperation of the Japanese Imperial Army; or
       (D) any government which was an ally of the Imperial Army 
     of Japan.
       (4) Record.--The term ``record'' means a Japanese Imperial 
     Army record.
       (b) Establishment of Interagency Group.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the President shall establish the 
     Japanese Imperial Army Records Interagency Working Group, 
     which shall remain in existence for 3 years after the date 
     the Interagency Group is established.
       (2) Membership.--The President shall appoint to the 
     Interagency Group individuals whom the President determines 
     will most completely and effectively carry out the functions 
     of the Interagency Group within the time limitations provided 
     in this section, including the Historian of the Department of 
     State, the Archivist of the United States, the head of any 
     other agency the President considers appropriate, and no more 
     than 3 other persons. The head of an agency appointed by the 
     President may designate an appropriate officer to serve on 
     the Interagency Group in lieu of the head of such agency.
       (3) Initial meeting.--Not later than 90 days after the date 
     of the enactment of this Act, the Interagency Group shall 
     hold an initial meeting and begin the functions required 
     under this section.
       (c) Functions.--Not later than 1 year after the date of the 
     enactment of this Act, the Interagency Group shall, to the 
     greatest extent possible consistent with section 603--
       (1) locate, identify, inventory, recommend for 
     declassification, and make available to the public at the 
     National Archives and Records Administration, all classified 
     Japanese Imperial Army records of the United States;
       (2) coordinate with agencies and take such actions as 
     necessary to expedite the release of such records to the 
     public; and
       (3) submit a report to Congress, including the Committee on 
     Government Reform and Oversight of the House of 
     Representatives, the Select Committee on Intelligence of the 
     Senate, the Permanent Select Committee on Intelligence of the 
     House of Representatives, and the Committee on the Judiciary 
     of the Senate, describing all such records, the disposition 
     of such records, and the activities of the Interagency Group 
     and agencies under this section.
       (d) Funding.--There is authorized to be appropriated such 
     sum as may be necessary to carry out the provisions of this 
     title.

     SEC. 603. REQUIREMENT OF DISCLOSURE OF RECORDS.

       (a) Release of Records.--Subject to subsections (b), (c), 
     and (d), the Japanese Imperial Army Records Interagency 
     Working Group shall release in their entirety Japanese 
     Imperial Army records.
       (b) Exception for Privacy.--An agency head may exempt from 
     release under subsection (a) specific information, that 
     would--
       (1) constitute a clearly unwarranted invasion of personal 
     privacy;
       (2) reveal the identity of a confidential human source, or 
     reveal information about the application of an intelligence 
     source or method, or reveal the identity of a human 
     intelligence source when the unauthorized disclosure of that 
     source would clearly and demonstrably damage the national 
     security interests of the United States;
       (3) reveal information that would assist in the development 
     or use of weapons of mass destruction;
       (4) reveal information that would impair United States 
     cryptologic systems or activities;
       (5) reveal information that would impair the application of 
     state-of-the-art technology within a United States weapon 
     system;
       (6) reveal actual United States military war plans that 
     remain in effect;
       (7) reveal information that would seriously and 
     demonstrably impair relations between

[[Page S9616]]

     the United States and a foreign government, or seriously and 
     demonstrably undermine ongoing diplomatic activities of the 
     United States;
       (8) reveal information that would clearly, and demonstrably 
     impair the current ability of United States Government 
     officials to protect the President, Vice President, and other 
     officials for whom protection services are authorized in the 
     interest of national security;
       (9) reveal information that would seriously and 
     demonstrably impair current national security emergency 
     preparedness plans; or
       (10) violate a treaty or other international agreement.
       (c) Applications of Exemptions.--
       (1) In general.--In applying the exemptions provided in 
     paragraphs (2) through (10) of subsection (b), there shall be 
     a presumption that the public interest will be served by 
     disclosure and release of the records of the Japanese 
     Imperial Army. The exemption may be asserted only when the 
     head of the agency that maintains the records determines that 
     disclosure and release would be harmful to a specific 
     interest identified in the exemption. An agency head who 
     makes such a determination shall promptly report it to the 
     committees of Congress with appropriate jurisdiction, 
     including the Committee on the Judiciary and the Select 
     Committee on Intelligence of the Senate and the Committee on 
     Government Reform and Oversight and the Permanent Select 
     Committee on Intelligence of the House of Representatives.
       (2) Application of title 5.--A determination by an agency 
     head to apply an exemption provided in paragraphs (2) through 
     (9) of subsection (b) shall be subject to the same standard 
     of review that applies in the case of records withheld under 
     section 552(b)(1) of title 5, United States Code.
       (d) Limitation on Exemptions.--
       (1) In general.--The exemptions set forth in subsection (b) 
     shall constitute the only grounds pursuant to which an agency 
     head may exempt records otherwise subject to release under 
     subsection (a).
       (2) Records related to investigation or prosecutions.--This 
     section shall not apply to records--
       (A) related to or supporting any active or inactive 
     investigation, inquiry, or prosecution by the Office of 
     Special Investigations of the Department of Justice; or
       (B) solely in the possession, custody, or control of the 
     Office of Special Investigations.

     SEC. 604. EXPEDITED PROCESSING OF FOIA REQUESTS FOR JAPANESE 
                   IMPERIAL ARMY RECORDS.

       For purposes of expedited processing under section 
     552(a)(6)(E) of title 5, United States Code, any person who 
     was persecuted in the manner described in section 602(a)(3) 
     and who requests a Japanese Imperial Army record shall be 
     deemed to have a compelling need for such record.

     SEC. 605. EFFECTIVE DATE.

       The provisions of this title shall take effect on the date 
     that is 90 days after the date of the enactment of this Act.
                                 ______
                                 

                      MOYNIHAN AMENDMENT NO. 4283

  Mr. BRYAN (for Mr. Moynihan) proposed an amendment to the bill (S. 
2507) supra; as follows:

       On page 37, after line 3, add the following:

               TITLE VI--DECLASSIFICATION OF INFORMATION

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Public Interest 
     Declassification Act of 2000''.

     SEC. 602. FINDINGS.

       Congress makes the following findings:
       (1) It is in the national interest to establish an 
     effective, coordinated, and cost-effective means by which 
     records on specific subjects of extraordinary public interest 
     that do not undermine the national security interests of the 
     United States may be collected, retained, reviewed, and 
     disseminated to Congress, policymakers in the executive 
     branch, and the public.
       (2) Ensuring, through such measures, public access to 
     information that does not require continued protection to 
     maintain the national security interests of the United States 
     is a key to striking the balance between secrecy essential to 
     national security and the openness that is central to the 
     proper functioning of the political institutions of the 
     United States.

     SEC. 603. PUBLIC INTEREST DECLASSIFICATION BOARD.

       (a) Establishment.--There is established within the 
     executive branch of the United States a board to be known as 
     the ``Public Interest Declassification Board'' (in this title 
     referred to as the ``Board'').
       (b) Purposes.--The purposes of the Board are as follows:
       (1) To advise the President, the Assistant to the President 
     for National Security Affairs, the Director of the Office of 
     Management and Budget, and such other executive branch 
     officials as the Board considers appropriate on the 
     systematic, thorough, coordinated, and comprehensive 
     identification, collection, review for declassification, and 
     release to Congress, interested agencies, and the public of 
     declassified records and materials (including donated 
     historical materials) that are of archival value, including 
     records and materials of extraordinary public interest.
       (2) To promote the fullest possible public access to a 
     thorough, accurate, and reliable documentary record of 
     significant United States national security decisions and 
     significant United States national security activities in 
     order to--
       (A) support the oversight and legislative functions of 
     Congress;
       (B) support the policymaking role of the executive branch;
       (C) respond to the interest of the public in national 
     security matters; and
       (D) promote reliable historical analysis and new avenues of 
     historical study in national security matters.
       (3) To provide recommendations to the President for the 
     identification, collection, and review for declassification 
     of information of extraordinary public interest that does not 
     undermine the national security of the United States, to be 
     undertaken in accordance with a declassification program that 
     has been established or may be established by the President 
     by Executive Order.
       (4) To advise the President, the Assistant to the President 
     for National Security Affairs, the Director of the Office of 
     Management and Budget, and such other executive branch 
     officials as the Board considers appropriate on policies 
     deriving from the issuance by the President of Executive 
     Orders regarding the classification and declassification of 
     national security information.
       (c) Membership.--(1) The Board shall be composed of nine 
     individuals appointed from among citizens of the United 
     States who are preeminent in the fields of history, national 
     security, foreign policy, intelligence policy, social 
     science, law, or archives, including individuals who have 
     served in Congress or otherwise in the Federal Government or 
     have otherwise engaged in research, scholarship, or 
     publication in such fields on matters relating to the 
     national security of the United States, of whom--
       (A) five shall be appointed by the President;
       (B) one shall be appointed by the Majority Leader of the 
     Senate;
       (C) one shall be appointed by the Minority Leader of the 
     Senate;
       (D) one shall be appointed by the Speaker of the House of 
     Representatives; and
       (E) one shall be appointed by the Minority Leader of the 
     House of Representatives.
       (2)(A) Of the members initially appointed to the Board, 
     three shall be appointed for a term of four years, three 
     shall be appointed for a term of three years, and three shall 
     be appointed for a term of two years.
       (B) Any subsequent appointment to the Board shall be for a 
     term of three years.
       (3) A vacancy in the Board shall be filled in the same 
     manner as the original appointment. A member of the Board 
     appointed to fill a vacancy before the expiration of a term 
     shall serve for the remainder of the term.
       (4) A member of the Board may be appointed to a new term on 
     the Board upon the expiration of the member's term on the 
     Board, except that no member may serve more than three full 
     terms on the Board.
       (d) Chairperson; Executive Secretary.--(1)(A) The President 
     shall designate one of the members of the Board as the 
     Chairperson of the Board.
       (B) The term of service as Chairperson of the Board shall 
     be two years.
       (C) A member serving as Chairperson of the Board may be re-
     designated as Chairperson of the Board upon the expiration of 
     the member's term as Chairperson of the Board, except that no 
     member shall serve as Chairperson of the Board for more than 
     six years.
       (2) The Director of the Information Security Oversight 
     Office shall serve as the Executive Secretary of the Board.
       (e) Meetings.--The Board shall meet as needed to accomplish 
     its mission, consistent with the availability of funds. A 
     majority of the members of the Board shall constitute a 
     quorum.
       (f) Staff.--Any employee of the Federal Government may be 
     detailed to the Board, with the agreement of and without 
     reimbursement to the detailing agency, and such detail shall 
     be without interruption or loss of civil, military, or 
     foreign service status or privilege.
       (g) Security.--(1) The members and staff of the Board 
     shall, as a condition of appointment to or employment with 
     the Board, hold appropriate security clearances for access to 
     the classified records and materials to be reviewed by the 
     Board or its staff, and shall follow the guidance and 
     practices on security under applicable Executive Orders and 
     agency directives.
       (2) The head of an agency shall, as a condition of granting 
     access to a member of the Board, the Executive Secretary of 
     the Board, or a member of the staff of the Board to 
     classified records or materials of the agency under this 
     title, require the member, the Executive Secretary, or the 
     member of the staff, as the case may be, to--
       (A) execute an agreement regarding the security of such 
     records or materials that is approved by the head of the 
     agency; and
       (B) hold an appropriate security clearance granted or 
     recognized under the standard procedures and eligibility 
     criteria of the agency, including any special access approval 
     required for access to such records or materials.
       (3) The members of the Board, the Executive Secretary of 
     the Board, and the members of the staff of the Board may not 
     use any information acquired in the course of their official 
     activities on the Board for nonofficial purposes.
       (4) For purposes of any law or regulation governing access 
     to classified information that pertains to the national 
     security of the United States, and subject to any limitations 
     on access arising under section 606(b),

[[Page S9617]]

     and to facilitate the advisory functions of the Board under 
     this title, a member of the Board seeking access to a record 
     or material under this title shall be deemed for purposes of 
     this subsection to have a need to know the contents of the 
     record or material.
       (h) Compensation.--(1) Each member of the Board shall 
     receive compensation at a rate not to exceed the daily 
     equivalent of the annual rate of basic pay payable for 
     positions at ES-1 of the Senior Executive Service under 
     section 5382 of title 5, United States Code, for each day 
     such member is engaged in the actual performance of duties of 
     the Board.
       (2) Members of the Board shall be allowed travel expenses, 
     including per diem in lieu of subsistence at rates authorized 
     for employees of agencies under subchapter of chapter 57 of 
     title 5, United States Code, while away from their homes or 
     regular places of business in the performance of the duties 
     of the Board.
       (i) Guidance; Annual Budget.--(1) On behalf of the 
     President, the Assistant to the President for National 
     Security Affairs shall provide guidance on policy to the 
     Board.
       (2) The Executive Secretary of the Board, under the 
     direction of the Chairperson of the Board and the Board, and 
     acting in consultation with the Archivist of the United 
     States, the Assistant to the President for National Security 
     Affairs, and the Director of the Office of Management and 
     Budget, shall prepare the annual budget of the Board.
       (j) Support.--The Information Security Oversight Office may 
     support the activities of the Board under this title. Such 
     support shall be provided on a reimbursable basis.
       (k) Public Availability of Records and Reports.--(1) The 
     Board shall make available for public inspection records of 
     its proceedings and reports prepared in the course of its 
     activities under this title to the extent such records and 
     reports are not classified and would not be exempt from 
     release under the provisions of section 552 of title 5, 
     United States Code.
       (2) In making records and reports available under paragraph 
     (1), the Board shall coordinate the release of such records 
     and reports with appropriate officials from agencies with 
     expertise in classified information in order to ensure that 
     such records and reports do not inadvertently contain 
     classified information.
       (l) Applicability of Certain Administrative Laws.--The 
     provisions of the Federal Advisory Committee Act (5 U.S.C. 
     App.) shall not apply to the activities of the Board under 
     this title. However, the records of the Board shall be 
     governed by the provisions of the Federal Records Act of 
     1950.

     SEC. 604. IDENTIFICATION, COLLECTION, AND REVIEW FOR 
                   DECLASSIFICATION OF INFORMATION OF ARCHIVAL 
                   VALUE OR EXTRAORDINARY PUBLIC INTEREST.

       (a) Briefings on Agency Declassification Programs.--(1) As 
     requested by the Board, or by the Select Committee on 
     Intelligence of the Senate or the Permanent Select Committee 
     on Intelligence of the House of Representatives, the head of 
     any agency with the authority under an Executive Order to 
     classify information shall provide to the Board, the Select 
     Committee on Intelligence of the Senate, or the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives, on an annual basis, a summary briefing and 
     report on such agency's progress and plans in the 
     declassification of national security information. Such 
     briefing shall cover the declassification goals set by 
     statute, regulation, or policy, the agency's progress with 
     respect to such goals, and the agency's planned goals and 
     priorities for its declassification activities over the next 
     two fiscal years. Agency briefings and reports shall give 
     particular attention to progress on the declassification of 
     records and materials that are of archival value or 
     extraordinary public interest to the people of the United 
     States.
       (2)(A) The annual briefing and report under paragraph (1) 
     for agencies within the Department of Defense, including the 
     military departments, and the elements of the intelligence 
     community shall be provided on a consolidated basis.
       (B) In this paragraph, the term ``elements of the 
     intelligence community'' means the elements of the 
     intelligence community specified or designated under section 
     3(4) of the National Security Act of 1947 (50 U.S.C. 
     401a(4)).
       (b) Recommendations on Agency Declassification Programs.--
     (1) Upon reviewing and discussing declassification plans and 
     progress with an agency, the Board shall provide to the head 
     of the agency the written recommendations of the Board as to 
     how the agency's declassification program could be improved. 
     A copy of each recommendation shall also be submitted to the 
     Assistant to the President for National Security Affairs and 
     the Director of the Office of Management and Budget.
       (2) Consistent with the provisions of section 603(k), the 
     Board's recommendations to the head of an agency under 
     paragraph (1) shall become public 60 days after such 
     recommendations are sent to the head of the agency under that 
     paragraph.
       (c) Recommendations on Special Searches for Records of 
     Extraordinary Public Interest.--(1) The Board shall also make 
     recommendations to the President regarding proposed 
     initiatives to identify, collect, and review for 
     declassification classified records and materials of 
     extraordinary public interest.
       (2) In making recommendations under paragraph (1), the 
     Board shall consider the following:
       (A) The opinions and requests of Members of Congress, 
     including opinions and requests expressed or embodied in 
     letters or legislative proposals.
       (B) The opinions and requests of the National Security 
     Council, the Director of Central Intelligence, and the heads 
     of other agencies.
       (C) The opinions of United States citizens.
       (D) The opinions of members of the Board.
       (E) The impact of special searches on systematic and all 
     other on-going declassification programs.
       (F) The costs (including budgetary costs) and the impact 
     that complying with the recommendations would have on agency 
     budgets, programs, and operations.
       (G) The benefits of the recommendations.
       (H) The impact of compliance with the recommendations on 
     the national security of the United States.
       (d) President's Declassification Priorities.--(1) 
     Concurrent with the submission to Congress of the budget of 
     the President each fiscal year under section 1105 of title 
     31, United States Code, the Director of the Office of 
     Management and Budget shall publish a description of the 
     President's declassification program and priorities, together 
     with a listing of the funds requested to implement that 
     program.
       (2) Nothing in this title shall be construed to substitute 
     or supersede, or establish a funding process for, any 
     declassification program that has been established or may be 
     established by the President by Executive Order.

     SEC. 605. PROTECTION OF NATIONAL SECURITY INFORMATION AND 
                   OTHER INFORMATION.

       (a) In General.--Nothing in this title shall be construed 
     to limit the authority of the head of an agency to classify 
     information or to continue the classification of information 
     previously classified by an agency.
       (b) Special Access Programs.--Nothing in this title shall 
     be construed to limit the authority of the head of an agency 
     to grant or deny access to a special access program.
       (c) Authorities of Director of Central Intelligence.--
     Nothing in this title shall be construed to limit the 
     authorities of the Director of Central Intelligence as the 
     head of the intelligence community, including the Director's 
     responsibility to protect intelligence sources and methods 
     from unauthorized disclosure as required by section 103(c)(6) 
     of the National Security Act of 1947 (50 U.S.C. 403-3(c)(6)).
       (d) Exemptions to Release of Information.--Nothing in this 
     title shall be construed to limit any exemption or exception 
     to the release to the public under this title of information 
     that is protected under section 552(b) of title 5, United 
     States Code (commonly referred to as the ``Freedom of 
     Information Act''), or section 552a of title 5, United States 
     Code (commonly referred to as the ``Privacy Act'').
       (e) Withholding Information From Congress.--Nothing in this 
     title shall be construed to authorize the withholding of 
     information from Congress.

     SEC. 606. STANDARDS AND PROCEDURES.

       (a) Liaison.--(1) The head of each agency with the 
     authority under an Executive Order to classify information 
     and the head of each Federal Presidential library shall 
     designate an employee of such agency or library, as the case 
     may be, to act as liaison to the Board for purposes of this 
     title.
       (2) The Board may establish liaison and otherwise consult 
     with such other historical and advisory committees as the 
     Board considers appropriate for purposes of this title.
       (b) Limitations on Access.--(1)(A) Except as provided in 
     paragraph (2), if the head of an agency or the head of a 
     Federal Presidential library determines it necessary to deny 
     or restrict access of the Board, or of the agency or library 
     liaison to the Board, to information contained in a record or 
     material, in whole or in part, the head of the agency or the 
     head of the library, as the case may be, shall promptly 
     notify the Board in writing of such determination.
       (B) Each notice to the Board under subparagraph (A) shall 
     include a description of the nature of the records or 
     materials, and a justification for the determination, covered 
     by such notice.
       (2) In the case of a determination referred to in paragraph 
     (1) with respect to a special access program created by the 
     Secretary of Defense, the Director of Central Intelligence, 
     or the head of any other agency, the notification of denial 
     of access under paragraph (1), including a description of the 
     nature of the Board's request for access, shall be submitted 
     to the Assistant to the President for National Security 
     Affairs rather than to the Board.
       (c) Discretion to Disclose.--At the conclusion of a 
     declassification review, the head of an agency may, in the 
     discretion of the head of the agency, determine that the 
     public's interest in the disclosure of records or materials 
     of the agency covered by such review, and still properly 
     classified, outweighs the Government's need to protect such 
     records or materials, and may release such records or 
     materials in accordance with the provisions of Executive 
     Order 12958 or any successor order to such Executive Order.
       (d) Discretion To Protect.--At the conclusion of a 
     declassification review, the head of an agency may, in the 
     discretion of the head of the agency, determine that the 
     interest of the agency in the protection of records

[[Page S9618]]

     or materials of the agency covered by such review, and still 
     properly classified, outweigh's the public's need for access 
     to such records or materials, and may deny release of such 
     records or materials in accordance with the provisions of 
     Executive Order 12958 or any successor order to such 
     Executive Order.
       (e) Reports.--(1)(A) Except as provided in paragraph (2), 
     the Board shall annually submit to the appropriate 
     congressional committees a report on the activities of the 
     Board under this title, including summary information 
     regarding any denials by the head of an agency or the head of 
     a Federal Presidential library of access of the Board to 
     records or materials under this title.
       (B) In this paragraph, the term ``appropriate congressional 
     committees'' means the Select Committee on Intelligence and 
     the Committee on Governmental Affairs of the Senate and the 
     Permanent Select Committee on Intelligence and the Committee 
     on Government Reform and Oversight of the House of 
     Representatives.
       (2) Notwithstanding paragraph (1), notice that the Board 
     has been denied access to records and materials, and a 
     justification for the determination in support of the denial, 
     shall be submitted by the agency denying the access as 
     follows:
       (A) In the case of the denial of access to a special access 
     program created by the Secretary of Defense, to the 
     Committees on Armed Services and Appropriations of the Senate 
     and to the Committees on Armed Services and Appropriations of 
     the House of Representatives.
       (B) In the case of the denial of access to a special access 
     program created by the Director of Central Intelligence, or 
     by the head of any other agency (including the Department of 
     Defense) if the special access program pertains to 
     intelligence activities, or of access to any information and 
     materials relating to intelligence sources and methods, to 
     the Select Committee on Intelligence of the Senate and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
       (C) In the case of the denial of access to a special access 
     program created by the Secretary of Energy or the 
     Administrator for Nuclear Security, to the Committees on 
     Armed Services and Appropriations and the Select Committee on 
     Intelligence of the Senate and to the Committees on Armed 
     Services and Appropriations and the Permanent Select 
     Committee on Intelligence of the House of Representatives.

     SEC. 607. JUDICIAL REVIEW.

       Nothing in this title limits the protection afforded to any 
     information under any other provision of law. This title is 
     not intended and may not be construed to create any right or 
     benefit, substantive or procedural, enforceable at law 
     against the United States, its agencies, its officers, or its 
     employees. This title does not modify in any way the 
     substantive criteria or procedures for the classification of 
     information, nor does this title create any right or benefit 
     subject to judicial review.

     SEC. 608. FUNDING.

       (a) Authorization of Appropriations.--There is hereby 
     authorized to be appropriated to carry out the provisions of 
     this title amounts as follows:
       (1) For fiscal year 2001, $650,000.
       (2) For each fiscal year after fiscal year 2001, such sums 
     as may be necessary for such fiscal year.
       (b) Funding Requests.--The President shall include in the 
     budget submitted to Congress for each fiscal year under 
     section 1105 of title 31, United States Code, a request for 
     amounts for the activities of the Board under this title 
     during such fiscal year.

     SEC. 609. DEFINITIONS.

       In this title:
       (1) Agency.--(A) Except as provided in subparagraph (B), 
     the term ``agency'' means the following:
       (i) An executive agency, as that term is defined in section 
     105 of title 5, United States Code.
       (ii) A military department, as that term is defined in 
     section 102 of such title.
       (iii) Any other entity in the executive branch that comes 
     into the possession of classified information.
       (B) The term does not include the Board.
       (2) Classified material or record.--The terms ``classified 
     material'' and ``classified record'' include any 
     correspondence, memorandum, book, plan, map, drawing, 
     diagram, pictorial or graphic work, photograph, film, 
     microfilm, sound recording, videotape, machine readable 
     records, and other documentary material, regardless of 
     physical form or characteristics, that has been determined 
     pursuant to Executive Order to require protection against 
     unauthorized disclosure in the interests of the national 
     security of the United States.
       (3) Declassification.--The term ``declassification'' means 
     the process by which records or materials that have been 
     classified are determined no longer to require protection 
     from unauthorized disclosure to protect the national security 
     of the United States.
       (4) Donated historical material.--The term ``donated 
     historical material'' means collections of personal papers 
     donated or given to a Federal Presidential library or other 
     archival repository under a deed of gift or otherwise.
       (5) Federal presidential library.--The term ``Federal 
     Presidential library'' means a library operated and 
     maintained by the United States Government through the 
     National Archives and Records Administration under the 
     applicable provisions of chapter 21 of title 44, United 
     States Code.
       (6) National security.--The term ``national security'' 
     means the national defense or foreign relations of the United 
     States.
       (7) Records or materials of extraordinary public 
     interest.--The term ``records or materials of extraordinary 
     public interest'' means records or materials that--
       (A) demonstrate and record the national security policies, 
     actions, and decisions of the United States, including--
       (i) policies, events, actions, and decisions which led to 
     significant national security outcomes; and
       (ii) the development and evolution of significant United 
     States national security policies, actions, and decisions;
       (B) will provide a significantly different perspective in 
     general from records and materials publicly available in 
     other historical sources; and
       (C) would need to be addressed through ad hoc record 
     searches outside any systematic declassification program 
     established under Executive Order.
       (8) Records of archival value.--The term ``records of 
     archival value'' means records that have been determined by 
     the Archivist of the United States to have sufficient 
     historical or other value to warrant their continued 
     preservation by the Federal Government.

     SEC. 610. SUNSET.

       The provisions of this title shall expire four years after 
     the date of the enactment of this Act, unless reauthorized by 
     statute.
                                 ______
                                 

                       KERREY AMENDMENT NO. 4284

  Mr. BRYAN (for Mr. Kerrey) proposed an amendment to the bill, S. 
2507, supra; as follows:

       At the end of title III, add the following:

     SEC. 3__. DESIGNATION OF DANIEL PATRICK MOYNIHAN PLACE.

       (a) Findings.--Congress finds that--
       (1) during the second half of the twentieth century, 
     Senator Daniel Patrick Moynihan promoted the importance of 
     architecture and urban planning in the Nation's Capital, 
     particularly with respect to the portion of Pennsylvania 
     Avenue between the White House and the United States Capitol 
     (referred to in this subsection as the ``Avenue'');
       (2) Senator Moynihan has stressed the unique significance 
     of the Avenue as conceived by Pierre Charles L'Enfant to be 
     the ``grand axis'' of the Nation's Capital as well as a 
     symbolic representation of the separate yet unified branches 
     of the United States Government;
       (3) through his service to the Ad Hoc Committee on Federal 
     Office Space (1961-1962), as a member of the President's 
     Council on Pennsylvania Avenue (1962-1964), and as vice-
     chairman of the President's Temporary Commission on 
     Pennsylvania Avenue (1965-1969), and in his various 
     capacities in the executive and legislative branches, Senator 
     Moynihan has consistently and creatively sought to fulfill 
     President Kennedy's recommendation of June 1, 1962, that the 
     Avenue not become a ``solid phalanx of public and private 
     office buildings which close down completely at night and on 
     weekends,'' but that it be ``lively, friendly, and inviting, 
     as well as dignified and impressive'';
       (4)(A) Senator Moynihan helped draft a Federal 
     architectural policy, known as the ``Guiding Principles for 
     Federal Architecture,'' that recommends a choice of designs 
     that are ``efficient and economical'' and that provide 
     ``visual testimony to the dignity, enterprise, vigor, and 
     stability'' of the United States Government; and
       (B) the Guiding Principles for Federal Architecture further 
     state that the ``development of an official style must be 
     avoided. Design must flow from the architectural profession 
     to the Government, and not vice versa.'';
       (5) Senator Moynihan has encouraged--
       (A) the construction of new buildings along the Avenue, 
     such as the Ronald Reagan Building and International Trade 
     Center; and
       (B) the establishment of an academic institution along the 
     Avenue, namely the Woodrow Wilson International Center for 
     Scholars, a living memorial to President Wilson; and
       (6) as Senator Moynihan's service in the Senate concludes, 
     it is appropriate to commemorate his legacy of public service 
     and his commitment to thoughtful urban design in the Nation's 
     Capital.
       (b) Designation.--The parcel of land located in the 
     northwest quadrant of Washington, District of Columbia, and 
     described in subsection (c) shall be known and designated as 
     ``Daniel Patrick Moynihan Place''.
       (c) Boundaries.--The parcel of land described in this 
     subsection is the portion of Woodrow Wilson Plaza (as 
     designated by Public Law 103-284 (108 Stat. 1448)) that is 
     bounded--
       (1) on the west by the eastern facade of the Ronald Reagan 
     Building and International Trade Center;
       (2) on the east by the western facade of the Ariel Rios 
     Building;
       (3) on the north by the southern edge of the sidewalk 
     abutting Pennsylvania Avenue; and
       (4) on the south by the line that, bisecting the atrium of 
     the Ronald Reagan Building and International Trade Center, 
     continues east to bisect the western hemicycle of the Ariel 
     Rios Building.

[[Page S9619]]

       (d) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     parcel of land described in subsection (c) shall be deemed to 
     be a reference to Daniel Patrick Moynihan Place.
                                 ______
                                 

                       SHELBY AMENDMENT NO. 4285

  Mr. LOTT (for Mr. Shelby) proposed an amendment to the bill, S. 2507. 
supra; as follows:

       On page 10, strike line 11 and all that follows through 
     page 12, line 2, and insert the following:
       ``(a) Prohibition.--Whoever, being an officer or employee 
     of the United States, a former or retired officer or employee 
     of the United States, any other person with authorized access 
     to classified information, or any other person formerly with 
     authorized access to classified information, knowingly and 
     willfully discloses, or attempts to disclose, any classified 
     information acquired as a result of such person's authorized 
     access to classified information to a person (other than an 
     officer or employee of the United States) who is not 
     authorized access to such classified information, knowing 
     that the person is not authorized access to such classified 
     information, shall be fined under this title, imprisoned not 
     more than 3 years, or both.
       ``(b) Construction of Prohibition.--Nothing in this section 
     shall be construed to establish criminal liability for 
     disclosure of classified information in accordance with 
     applicable law to the following:
       ``(1) Any justice or judge of a court of the United States 
     established pursuant to article III of the Constitution of 
     the United States.
       ``(2) The Senate or House of Representatives, or any 
     committee or subcommittee thereof, or joint committee 
     thereof, or any member of Congress.
       ``(3) A person or persons acting on behalf of a foreign 
     power (including an international organization) if the 
     disclosure--
       ``(A) is made by an officer or employee of the United 
     States who has been authorized to make the disclosure; and
       ``(B) is within the scope of such officer's or employee's 
     duties.
       ``(4) Any other person authorized to receive the classified 
     information.
       ``(c) Definitions.--In this section:
       ``(1) The term `authorized', in the case of access to 
     classified information, means having authority or permission 
     to have access to the classified information pursuant to the 
     provisions of a statute, Executive Order, regulation, or 
     directive of the head of any department or agency who is 
     empowered to classify information, an order of any United 
     States court, or a provision of any Resolution of the Senate 
     or Rule of the House of Representatives which governs release 
     of classified information by such House of Congress.
       ``(2) The term `classified information' means information 
     or material properly classified and clearly marked or 
     represented, or that the person knows or has reason to 
     believe has been properly classified by appropriate 
     authorities, pursuant to the provisions of a statute or 
     Executive Order, as requiring protection against unauthorized 
     disclosure for reasons of national security.
       On page 12, strike line 21 and all that follows through 
     page 13, line 16, and insert the following:
       ``Sec. 115. (a) Requirement.--(1) The Director of Central 
     Intelligence shall, in consultation with the Secretary of 
     Defense, establish and maintain in the intelligence community 
     an analytic capability with responsibility for intelligence 
     in support of the activities of the United States relating to 
     unaccounted for United States personnel.
       ``(2) The analytic capability maintained under paragraph 
     (1) shall be known as the `POW/MIA analytic capability of the 
     intelligence community'.
       ``(b) Scope of Responsibility.--The responsibilities of the 
     analytic capability maintained under subsection (a) shall--
       ``(1) extend to any activities of the Federal Government 
     with respect to unaccounted for United States personnel after 
     December 31, 1999; and
       ``(2) include support for any department or agency of the 
     Federal Government engaged in such activities.
       ``(c) Unaccounted for United States Personnel Defined.--In 
     this section, the term `unaccounted for United States 
     personnel' means the following:
       ``(1) Any missing person (as that term is defined in 
     section 1513(1) of title 10, United States Code).
       ``(2) Any United States national who was killed while 
     engaged in activities on behalf of the United States 
     Government and whose remains have not been repatriated to the 
     United States.''.
       On page 14, beginning on line 11, strike ``acting at their 
     direction''.
       On page 14, line 13, insert ``, and at the direction of,'' 
     after ``on behalf of''.
       On page 14, line 16, strike ``Authorized Activities.--An 
     activity'' and insert ``Authorized Intelligence Activities.--
     An intelligence activity''.
       On page 14, line 18, insert ``intelligence'' before 
     ``activity''.
       On page 15, beginning on line 9, strike ``, and all 
     applicable Executive Orders,''.
       On page 15, line 11, strike ``materials'' and insert 
     ``material''.
       On page 15, line 15, strike ``and Executive Orders''.
       On page 15, line 18, strike ``or Executive Order''.
       On page 15, line 22, strike ``or Executive Order''.
       On page 15, strike line 25 and all that follows through 
     page 16, line 16, and insert the following:
       (d) Effects of Certification of Non-Full Compliance.--(1) 
     Subject to subsection (e), effective as of January 1, 2001, a 
     covered element of the Department of State
       On page 16, line 20, strike ``and Executive Orders''.
       On page 16, strike lines 22 and 23 and insert the 
     following:
       (2) If the prohibition in paragraph (1) takes effect in 
     accordance with that paragraph, the prohibition
       On page 17, beginning on line 1, strike ``and Executive 
     Orders''.
       On page 17, strike line 3 and insert the following:
       (e) Waiver by Director of Central Intelligence.--(1) The 
     Director of Central Intelligence may
       On page 17, beginning on line 4, strike ``subsection 
     (d)(2)'' and insert ``subsection (d)''.
       On page 17, line 6, strike ``the President'' and insert 
     ``the Director''.
       On page 17, line 9, strike ``The President'' and insert 
     ``The Director''.
       On page 17, between lines 17 and 18, insert the following:
       (C) The actions, if any, that will be taken to bring such 
     element into full compliance with the directives referred to 
     in subsection (a), including a schedule for completion of 
     such actions.
       On page 17, line 18, strike ``(C) The actions taken by the 
     President'' and insert ``(D) The actions taken by the 
     Director''.
       On page 17, line 20, insert before the period the 
     following: ``pending achievement of full compliance of such 
     element with such directives''.
                                 ______
                                 

 SMALL BUSINESS INNOVATION RESEARCH PROGRAM REAUTHORIZATION ACT OF 2000

                                 ______
                                 

                  BOND (AND KERRY) AMENDMENT NO. 4286

  Mr. KYL (for Mr. Bond (for himself and Mr. Kerry)) proposed an 
amendment to the House amendment to the Senate amendment to the bill 
(H.R. 2392) to amend the Small Business Act to extend the authorization 
for the Small Business Innovation Research Program, 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 Reauthorization Act of 2000''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

          TITLE I--SMALL BUSINESS INNOVATION RESEARCH PROGRAM

Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Extension of SBIR program.
Sec. 104. Annual report.
Sec. 105. Third phase assistance.
Sec. 106. Report on programs for annual performance plan.
Sec. 107. Output and outcome data.
Sec. 108. National Research Council reports.
Sec. 109. Federal agency expenditures for the SBIR program.
Sec. 110. Policy directive modifications.
Sec. 111. Federal and State technology partnership program.
Sec. 112. Mentoring networks.
Sec. 113. Simplified reporting requirements.
Sec. 114. Rural outreach program extension.

                TITLE II--GENERAL BUSINESS LOAN PROGRAM

Sec. 201. Short title.
Sec. 202. Levels of participation.
Sec. 203. Loan amounts.
Sec. 204. Interest on defaulted loans.
Sec. 205. Prepayment of loans.
Sec. 206. Guarantee fees.
Sec. 207. Lease terms.
Sec. 208. Microloan program.

            TITLE III--CERTIFIED DEVELOPMENT COMPANY PROGRAM

Sec. 301. Short title.
Sec. 302. Women-owned businesses.
Sec. 303. Maximum debenture size.
Sec. 304. Fees.
Sec. 305. Premier certified lenders program.
Sec. 306. Sale of certain defaulted loans.
Sec. 307. Loan liquidation.

   TITLE IV--CORRECTIONS TO THE SMALL BUSINESS INVESTMENT ACT OF 1958

Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Investment in small business investment companies.
Sec. 404. Subsidy fees.
Sec. 405. Distributions.
Sec. 406. Conforming amendment.

          TITLE V--REAUTHORIZATION OF SMALL BUSINESS PROGRAMS

Sec. 501. Short title.
Sec. 502. Reauthorization of small business programs.
Sec. 503. Additional reauthorizations.
Sec. 504. Cosponsorship.

[[Page S9620]]

                       TITLE VI--HUBZONE PROGRAM

                 Subtitle A--HUBZones in Native America

Sec. 601. Short title.
Sec. 602. HUBZone small business concern.
Sec. 603. Qualified HUBZone small business concern.
Sec. 604. Other definitions.

                  Subtitle B--Other HUBZone Provisions

Sec. 611. Definitions.
Sec. 612. Eligible contracts.
Sec. 613. HUBZone redesignated areas.
Sec. 614. Community development.
Sec. 615. Reference corrections.

      TITLE VII--NATIONAL WOMEN'S BUSINESS COUNCIL REAUTHORIZATION

Sec. 701. Short title.
Sec. 702. Duties of the Council.
Sec. 703. Membership of the Council.
Sec. 704. Repeal of procurement project; State and local economic 
              networks.
Sec. 705. Studies and other research.
Sec. 706. Authorization of appropriations.

                  TITLE VIII--MISCELLANEOUS PROVISIONS

Sec. 801. Loan application processing.
Sec. 802. Application of ownership requirements.
Sec. 803. Subcontracting preference for veterans.
Sec. 804. Small business development center program funding.
Sec. 805. Surety bonds.
Sec. 806. Size standards.
Sec. 807. Native American small business development centers.

          TITLE I--SMALL BUSINESS INNOVATION RESEARCH PROGRAM

     SECTION 101. SHORT TITLE.

       (a) Short Title.--This title may be cited as the ``Small 
     Business Innovation Research Program Reauthorization Act of 
     2000''.

     SEC. 102. FINDINGS.

       Congress finds that--
       (1) the small business innovation research program 
     established under the Small Business Innovation Development 
     Act of 1982, and reauthorized by the Small Business Research 
     and Development Enhancement Act of 1992 (in this Act referred 
     to as the ``SBIR program'') is highly successful in involving 
     small businesses in federally funded research and 
     development;
       (2) the SBIR program made the cost-effective and unique 
     research and development capabilities possessed by the small 
     businesses of the Nation available to Federal agencies and 
     departments;
       (3) the innovative goods and services developed by small 
     businesses that participated in the SBIR program have 
     produced innovations of critical importance in a wide variety 
     of high-technology fields, including biology, medicine, 
     education, and defense;
       (4) the SBIR program is a catalyst in the promotion of 
     research and development, the commercialization of innovative 
     technology, the development of new products and services, and 
     the continued excellence of this Nation's high-technology 
     industries; and
       (5) the continuation of the SBIR program will provide 
     expanded opportunities for one of the Nation's vital 
     resources, its small businesses, will foster invention, 
     research, and technology, will create jobs, and will increase 
     this Nation's competitiveness in international markets.

     SEC. 103. EXTENSION OF SBIR PROGRAM.

       Section 9(m) of the Small Business Act (15 U.S.C. 638(m)) 
     is amended to read as follows:
       ``(m) Termination.--The authorization to carry out the 
     Small Business Innovation Research Program established under 
     this section shall terminate on September 30, 2008.''.

     SEC. 104. ANNUAL REPORT.

       Section 9(b)(7) of the Small Business Act (15 U.S.C. 
     638(b)(7)) is amended by striking ``and the Committee on 
     Small Business of the House of Representatives'' and 
     inserting ``, and to the Committee on Science and the 
     Committee on Small Business of the House of 
     Representatives,''.

     SEC. 105. THIRD PHASE ASSISTANCE.

       Section 9(e)(4)(C)(i) of the Small Business Act (15 U.S.C. 
     638(e)(4)(C)(i)) is amended by striking ``; and'' and 
     inserting ``; or''.

     SEC. 106. REPORT ON PROGRAMS FOR ANNUAL PERFORMANCE PLAN.

       Section 9(g) of the Small Business Act (15 U.S.C. 638(g)) 
     is amended--
       (1) in paragraph (7), by striking ``and'' at the end;
       (2) in paragraph (8), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(9) include, as part of its annual performance plan as 
     required by subsections (a) and (b) of section 1115 of title 
     31, United States Code, a section on its SBIR program, and 
     shall submit such section to the Committee on Small Business 
     of the Senate, and the Committee on Science and the Committee 
     on Small Business of the House of Representatives; and''.

     SEC. 107. OUTPUT AND OUTCOME DATA.

       (a) Collection.--Section 9(g) of the Small Business Act (15 
     U.S.C. 638(g)), as amended by section 106 of this Act, is 
     further amended by adding at the end the following:
       ``(10) collect, and maintain in a common format in 
     accordance with subsection (v), such information from 
     awardees as is necessary to assess the SBIR program, 
     including information necessary to maintain the database 
     described in subsection (k).''.
       (b) Report to Congress.--Section 9(b)(7) of the Small 
     Business Act (15 U.S.C. 638(b)(7)), as amended by section 104 
     of this Act, is further amended by inserting before the 
     period at the end ``, including the data on output and 
     outcomes collected pursuant to subsections (g)(10) and 
     (o)(9), and a description of the extent to which Federal 
     agencies are providing in a timely manner information needed 
     to maintain the database described in subsection (k)''.
       (c) Database.--Section 9(k) of the Small Business Act (15 
     U.S.C. 638(k)) is amended to read as follows:
       ``(k) Database.--
       ``(1) Public database.--Not later than 180 days after the 
     date of enactment of the Small Business Innovation Research 
     Program Reauthorization Act of 2000, the Administrator shall 
     develop, maintain, and make available to the public a 
     searchable, up-to-date, electronic database that includes--
       ``(A) the name, size, location, and an identifying number 
     assigned by the Administrator, of each small business concern 
     that has received a first phase or second phase SBIR award 
     from a Federal agency;
       ``(B) a description of each first phase or second phase 
     SBIR award received by that small business concern, 
     including--
       ``(i) an abstract of the project funded by the award, 
     excluding any proprietary information so identified by the 
     small business concern;
       ``(ii) the Federal agency making the award; and
       ``(iii) the date and amount of the award;
       ``(C) an identification of any business concern or 
     subsidiary established for the commercial application of a 
     product or service for which an SBIR award is made; and
       ``(D) information regarding mentors and Mentoring Networks, 
     as required by section 35(d).
       ``(2) Government database.--Not later than 180 days after 
     the date of enactment of the Small Business Innovation 
     Research Program Reauthorization Act of 2000, the 
     Administrator, in consultation with Federal agencies required 
     to have an SBIR program pursuant to subsection (f)(1), shall 
     develop and maintain a database to be used solely for SBIR 
     program evaluation that--
       ``(A) contains for each second phase award made by a 
     Federal agency--
       ``(i) information collected in accordance with paragraph 
     (3) on revenue from the sale of new products or services 
     resulting from the research conducted under the award;
       ``(ii) information collected in accordance with paragraph 
     (3) on additional investment from any source, other than 
     first phase or second phase SBIR or STTR awards, to further 
     the research and development conducted under the award; and
       ``(iii) any other information received in connection with 
     the award that the Administrator, in conjunction with the 
     SBIR program managers of Federal agencies, considers relevant 
     and appropriate;
       ``(B) includes any narrative information that a small 
     business concern receiving a second phase award voluntarily 
     submits to further describe the outputs and outcomes of its 
     awards;
       ``(C) includes for each applicant for a first phase or 
     second phase award that does not receive such an award--
       ``(i) the name, size, and location, and an identifying 
     number assigned by the Administration;
       ``(ii) an abstract of the project; and
       ``(iii) the Federal agency to which the application was 
     made;
       ``(D) includes any other data collected by or available to 
     any Federal agency that such agency considers may be useful 
     for SBIR program evaluation; and
       ``(E) is available for use solely for program evaluation 
     purposes by the Federal Government or, in accordance with 
     policy directives issued by the Administration, by other 
     authorized persons who are subject to a use and nondisclosure 
     agreement with the Federal Government covering the use of the 
     database.
       ``(3) Updating information for database.--
       ``(A) In general.--A small business concern applying for a 
     second phase award under this section shall be required to 
     update information in the database established under this 
     subsection for any prior second phase award received by that 
     small business concern. In complying with this paragraph, a 
     small business concern may apportion sales or additional 
     investment information relating to more than one second phase 
     award among those awards, if it notes the apportionment for 
     each award.
       ``(B) Annual updates upon termination.--A small business 
     concern receiving a second phase award under this section 
     shall--
       ``(i) update information in the database concerning that 
     award at the termination of the award period; and
       ``(ii) be requested to voluntarily update such information 
     annually thereafter for a period of 5 years.
       ``(4) Protection of information.--Information provided 
     under paragraph (2) shall be considered privileged and 
     confidential and not subject to disclosure pursuant to 
     section 552 of title 5, United States Code.
       ``(5) Rule of construction.--Inclusion of information in 
     the database under this subsection shall not be considered to 
     be publication for purposes of subsection (a) or (b) of 
     section 102 of title 35, United States Code.''.

     SEC. 108. NATIONAL RESEARCH COUNCIL REPORTS.

       (a) Study and Recommendations.--The head of each agency 
     with a budget of more than $50,000,000 for its SBIR program 
     for fiscal year 1999, in consultation with the Small Business 
     Administration, shall, not later

[[Page S9621]]

     than 6 months after the date of enactment of this Act, 
     cooperatively enter into an agreement with the National 
     Academy of Sciences for the National Research Council to--
       (1) conduct a comprehensive study of how the SBIR program 
     has stimulated technological innovation and used small 
     businesses to meet Federal research and development needs, 
     including--
       (A) a review of the value to the Federal research agencies 
     of the research projects being conducted under the SBIR 
     program, and of the quality of research being conducted by 
     small businesses participating under the program, including a 
     comparison of the value of projects conducted under the SBIR 
     program to those funded by other Federal research and 
     development expenditures;
       (B) to the extent practicable, an evaluation of the 
     economic benefits achieved by the SBIR program, including the 
     economic rate of return, and a comparison of the economic 
     benefits, including the economic rate of return, achieved by 
     the SBIR program with the economic benefits, including the 
     economic rate of return, of other Federal research and 
     development expenditures;
       (C) an evaluation of the noneconomic benefits achieved by 
     the SBIR program over the life of the program;
       (D) a comparison of the allocation for fiscal year 2000 of 
     Federal research and development funds to small businesses 
     with such allocation for fiscal year 1983, and an analysis of 
     the factors that have contributed to such allocation; and
       (E) an analysis of whether Federal agencies, in fulfilling 
     their procurement needs, are making sufficient effort to use 
     small businesses that have completed a second phase award 
     under the SBIR program; and
       (2) make recommendations with respect to--
       (A) measures of outcomes for strategic plans submitted 
     under section 306 of title 5, United States Code, and 
     performance plans submitted under section 1115 of title 31, 
     United States Code, of each Federal agency participating in 
     the SBIR program;
       (B) whether companies who can demonstrate project 
     feasibility, but who have not received a first phase award, 
     should be eligible for second phase awards, and the potential 
     impact of such awards on the competitive selection process of 
     the program;
       (C) whether the Federal Government should be permitted to 
     recoup some or all of its expenses if a controlling interest 
     in a company receiving an SBIR award is sold to a foreign 
     company or to a company that is not a small business concern;
       (D) how to increase the use by the Federal Government in 
     its programs and procurements of technology-oriented small 
     businesses; and
       (E) improvements to the SBIR program, if any are considered 
     appropriate.
       (b) Participation by Small Business.--
       (1) In general.--In a manner consistent with law and with 
     National Research Council study guidelines and procedures, 
     knowledgeable individuals from the small business community 
     with experience in the SBIR program shall be included--
       (A) in any panel established by the National Research 
     Council for the purpose of performing the study conducted 
     under this section; and
       (B) among those who are asked by the National Research 
     Council to peer review the study.
       (2) Consultation.--To ensure that the concerns of small 
     business are appropriately considered under this subsection, 
     the National Research Council shall consult with and consider 
     the views of the Office of Technology and the Office of 
     Advocacy of the Small Business Administration and other 
     interested parties, including entities, organizations, and 
     individuals actively engaged in enhancing or developing the 
     technological capabilities of small business concerns.
       (c) Progress Reports.--The National Research Council shall 
     provide semiannual progress reports on the study conducted 
     under this section to the Committee on Science and the 
     Committee on Small Business of the House of Representatives, 
     and to the Committee on Small Business of the Senate.
       (d) Report.--The National Research Council shall transmit 
     to the heads of agencies entering into an agreement under 
     this section and to the Committee on Science and the 
     Committee on Small Business of the House of Representatives, 
     and to the Committee on Small Business of the Senate--
       (1) not later than 3 years after the date of enactment of 
     this Act, a report including the results of the study 
     conducted under subsection (a)(1) and recommendations made 
     under subsection (a)(2); and
       (2) not later than 6 years after that date of enactment, an 
     update of such report.

     SEC. 109. FEDERAL AGENCY EXPENDITURES FOR THE SBIR PROGRAM.

       Section 9(i) of the Small Business Act (15 U.S.C. 638(i)) 
     is amended--
       (1) by striking ``(i) Each Federal'' and inserting the 
     following:
       ``(i) Annual Reporting.--
       ``(1) In general.--Each Federal''; and
       (2) by adding at the end the following:
       ``(2) Calculation of extramural budget.--
       ``(A) Methodology.--Not later than 4 months after the date 
     of enactment of each appropriations Act for a Federal agency 
     required by this section to have an SBIR program, the Federal 
     agency shall submit to the Administrator a report, which 
     shall include a description of the methodology used for 
     calculating the amount of the extramural budget of that 
     Federal agency.
       ``(B) Administrator's analysis.--The Administrator shall 
     include an analysis of the methodology received from each 
     Federal agency referred to in subparagraph (A) in the report 
     required by subsection (b)(7).''.

     SEC. 110. POLICY DIRECTIVE MODIFICATIONS.

       Section 9(j) of the Small Business Act (15 U.S.C. 638(j)) 
     is amended by adding at the end the following:
       ``(3) Additional modifications.--Not later than 120 days 
     after the date of enactment of the Small Business Innovation 
     Research Program Reauthorization Act of 2000, the 
     Administrator shall modify the policy directives issued 
     pursuant to this subsection--
       ``(A) to clarify that the rights provided for under 
     paragraph (2)(A) apply to all Federal funding awards under 
     this section, including the first phase (as described in 
     subsection (e)(4)(A)), the second phase (as described in 
     subsection (e)(4)(B)), and the third phase (as described in 
     subsection (e)(4)(C));
       ``(B) to provide for the requirement of a succinct 
     commercialization plan with each application for a second 
     phase award that is moving toward commercialization;
       ``(C) to require agencies to report to the Administration, 
     not less frequently than annually, all instances in which an 
     agency pursued research, development, or production of a 
     technology developed by a small business concern using an 
     award made under the SBIR program of that agency, and 
     determined that it was not practicable to enter into a 
     follow-on non-SBIR program funding agreement with the small 
     business concern, which report shall include, at a minimum--
       ``(i) the reasons why the follow-on funding agreement with 
     the small business concern was not practicable;
       ``(ii) the identity of the entity with which the agency 
     contracted to perform the research, development, or 
     production; and
       ``(iii) a description of the type of funding agreement 
     under which the research, development, or production was 
     obtained; and
       ``(D) to implement subsection (v), including establishing 
     standardized procedures for the provision of information 
     pursuant to subsection (k)(3).''.

     SEC. 111. FEDERAL AND STATE TECHNOLOGY PARTNERSHIP PROGRAM.

       (a) Findings.--Congress finds that--
       (1) programs to foster economic development among small 
     high-technology firms vary widely among the States;
       (2) States that do not aggressively support the development 
     of small high-technology firms, including participation by 
     small business concerns in the SBIR program, are at a 
     competitive disadvantage in establishing a business climate 
     that is conducive to technology development; and
       (3) building stronger national, State, and local support 
     for science and technology research in these disadvantaged 
     States will expand economic opportunities in the United 
     States, create jobs, and increase the competitiveness of the 
     United States in the world market.
       (b) Federal and State Technology Partnership Program.--The 
     Small Business Act (15 U.S.C. 631 et seq.) is amended--
       (1) by redesignating section 34 as section 37; and
       (2) by inserting after section 33 the following:

     ``SEC. 34. FEDERAL AND STATE TECHNOLOGY PARTNERSHIP PROGRAM.

       ``(a) Definitions.--In this section and section 35, the 
     following definitions apply:
       ``(1) Applicant.--The term `applicant' means an entity, 
     organization, or individual that submits a proposal for an 
     award or a cooperative agreement under this section.
       ``(2) Business advice and counseling.--The term `business 
     advice and counseling' means providing advice and assistance 
     on matters described in section 35(c)(2)(B) to small business 
     concerns to guide them through the SBIR and STTR program 
     process, from application to award and successful completion 
     of each phase of the program.
       ``(3) FAST program.--The term `FAST program' means the 
     Federal and State Technology Partnership Program established 
     under this section.
       ``(4) Mentor.--The term `mentor' means an individual 
     described in section 35(c)(2).
       ``(5) Mentoring network.--The term `Mentoring Network' 
     means an association, organization, coalition, or other 
     entity (including an individual) that meets the requirements 
     of section 35(c).
       ``(6) Recipient.--The term `recipient' means a person that 
     receives an award or becomes party to a cooperative agreement 
     under this section.
       ``(7) SBIR program.--The term `SBIR program' has the same 
     meaning as in section 9(e)(4).
       ``(8) State.--The term `State' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Virgin Islands, Guam, and American Samoa.
       ``(9) STTR program.--The term `STTR program' has the same 
     meaning as in section 9(e)(6).
       ``(b) Establishment of Program.--The Administrator shall 
     establish a program to be known as the Federal and State 
     Technology Partnership Program, the purpose of which shall be 
     to strengthen the technological competitiveness of small 
     business concerns in the States.
       ``(c) Grants and Cooperative Agreements.--

[[Page S9622]]

       ``(1) Joint review.--In carrying out the FAST program under 
     this section, the Administrator and the SBIR program managers 
     at the National Science Foundation and the Department of 
     Defense shall jointly review proposals submitted by 
     applicants and may make awards or enter into cooperative 
     agreements under this section based on the factors for 
     consideration set forth in paragraph (2), in order to enhance 
     or develop in a State--
       ``(A) technology research and development by small business 
     concerns;
       ``(B) technology transfer from university research to 
     technology-based small business concerns;
       ``(C) technology deployment and diffusion benefiting small 
     business concerns;
       ``(D) the technological capabilities of small business 
     concerns through the establishment or operation of consortia 
     comprised of entities, organizations, or individuals, 
     including--
       ``(i) State and local development agencies and entities;
       ``(ii) representatives of technology-based small business 
     concerns;
       ``(iii) industries and emerging companies;
       ``(iv) universities; and
       ``(v) small business development centers; and
       ``(E) outreach, financial support, and technical assistance 
     to technology-based small business concerns participating in 
     or interested in participating in an SBIR program, including 
     initiatives--
       ``(i) to make grants or loans to companies to pay a portion 
     or all of the cost of developing SBIR proposals;
       ``(ii) to establish or operate a Mentoring Network within 
     the FAST program to provide business advice and counseling 
     that will assist small business concerns that have been 
     identified by FAST program participants, program managers of 
     participating SBIR agencies, the Administration, or other 
     entities that are knowledgeable about the SBIR and STTR 
     programs as good candidates for the SBIR and STTR programs, 
     and that would benefit from mentoring, in accordance with 
     section 35;
       ``(iii) to create or participate in a training program for 
     individuals providing SBIR outreach and assistance at the 
     State and local levels; and
       ``(iv) to encourage the commercialization of technology 
     developed through SBIR program funding.
       ``(2) Selection considerations.--In making awards or 
     entering into cooperative agreements under this section, the 
     Administrator and the SBIR program managers referred to in 
     paragraph (1)--
       ``(A) may only consider proposals by applicants that intend 
     to use a portion of the Federal assistance provided under 
     this section to provide outreach, financial support, or 
     technical assistance to technology-based small business 
     concerns participating in or interested in participating in 
     the SBIR program; and
       ``(B) shall consider, at a minimum--
       ``(i) whether the applicant has demonstrated that the 
     assistance to be provided would address unmet needs of small 
     business concerns in the community, and whether it is 
     important to use Federal funding for the proposed activities;
       ``(ii) whether the applicant has demonstrated that a need 
     exists to increase the number or success of small high-
     technology businesses in the State, as measured by the number 
     of first phase and second phase SBIR awards that have 
     historically been received by small business concerns in the 
     State;
       ``(iii) whether the projected costs of the proposed 
     activities are reasonable;
       ``(iv) whether the proposal integrates and coordinates the 
     proposed activities with other State and local programs 
     assisting small high-technology firms in the State; and
       ``(v) the manner in which the applicant will measure the 
     results of the activities to be conducted.
       ``(3) Proposal limit.--Not more than 1 proposal may be 
     submitted for inclusion in the FAST program under this 
     section to provide services in any one State in any 1 fiscal 
     year.
       ``(4) Process.--Proposals and applications for assistance 
     under this section shall be in such form and subject to such 
     procedures as the Administrator shall establish.
       ``(d) Cooperation and Coordination.--In carrying out the 
     FAST program under this section, the Administrator shall 
     cooperate and coordinate with--
       ``(1) Federal agencies required by section 9 to have an 
     SBIR program; and
       ``(2) entities, organizations, and individuals actively 
     engaged in enhancing or developing the technological 
     capabilities of small business concerns, including--
       ``(A) State and local development agencies and entities;
       ``(B) State committees established under the Experimental 
     Program to Stimulate Competitive Research of the National 
     Science Foundation (as established under section 113 of the 
     National Science Foundation Authorization Act of 1988 (42 
     U.S.C. 1862g));
       ``(C) State science and technology councils; and
       ``(D) representatives of technology-based small business 
     concerns.
       ``(e) Administrative Requirements.--
       ``(1) Competitive basis.--Awards and cooperative agreements 
     under this section shall be made or entered into, as 
     applicable, on a competitive basis.
       ``(2) Matching requirements.--
       ``(A) In general.--The non-Federal share of the cost of an 
     activity (other than a planning activity) carried out using 
     an award or under a cooperative agreement under this section 
     shall be--
       ``(i) 50 cents for each Federal dollar, in the case of a 
     recipient that will serve small business concerns located in 
     one of the 18 States receiving the fewest SBIR first phase 
     awards (as described in section 9(e)(4)(A));
       ``(ii) except as provided in subparagraph (B), 1 dollar for 
     each Federal dollar, in the case of a recipient that will 
     serve small business concerns located in one of the 16 States 
     receiving the greatest number of such SBIR first phase 
     awards; and
       ``(iii) except as provided in subparagraph (B), 75 cents 
     for each Federal dollar, in the case of a recipient that will 
     serve small business concerns located in a State that is not 
     described in clause (i) or (ii) that is receiving such SBIR 
     first phase awards.
       ``(B) Low-income areas.--The non-Federal share of the cost 
     of the activity carried out using an award or under a 
     cooperative agreement under this section shall be 50 cents 
     for each Federal dollar that will be directly allocated by a 
     recipient described in subparagraph (A) to serve small 
     business concerns located in a qualified census tract, as 
     that term is defined in section 42(d)(5)(C)(ii) of the 
     Internal Revenue Code of 1986. Federal dollars not so 
     allocated by that recipient shall be subject to the matching 
     requirements of subparagraph (A).
       ``(C) Types of funding.--The non-Federal share of the cost 
     of an activity carried out by a recipient shall be comprised 
     of not less than 50 percent cash and not more than 50 percent 
     of indirect costs and in-kind contributions, except that no 
     such costs or contributions may be derived from funds from 
     any other Federal program.
       ``(D) Rankings.--For purposes of subparagraph (A), the 
     Administrator shall reevaluate the ranking of a State once 
     every 2 fiscal years, beginning with fiscal year 2001, based 
     on the most recent statistics compiled by the Administrator.
       ``(3) Duration.--Awards may be made or cooperative 
     agreements entered into under this section for multiple 
     years, not to exceed 5 years in total.
       ``(f) Reports.--
       ``(1) Initial report.--Not later than 120 days after the 
     date of enactment of the Small Business Innovation Research 
     Program Reauthorization Act of 2000, the Administrator shall 
     prepare and submit to the Committee on Small Business of the 
     Senate and the Committee on Science and the Committee on 
     Small Business of the House of Representatives a report, 
     which shall include, with respect to the FAST program, 
     including Mentoring Networks--
       ``(A) a description of the structure and procedures of the 
     program;
       ``(B) a management plan for the program; and
       ``(C) a description of the merit-based review process to be 
     used in the program.
       ``(2) Annual reports.--The Administrator shall submit an 
     annual report to the Committee on Small Business of the 
     Senate and the Committee on Science and the Committee on 
     Small Business of the House of Representatives regarding--
       ``(A) the number and amount of awards provided and 
     cooperative agreements entered into under the FAST program 
     during the preceding year;
       ``(B) a list of recipients under this section, including 
     their location and the activities being performed with the 
     awards made or under the cooperative agreements entered into; 
     and
       ``(C) the Mentoring Networks and the mentoring database, as 
     provided for under section 35, including--
       ``(i) the status of the inclusion of mentoring information 
     in the database required by section 9(k); and
       ``(ii) the status of the implementation and description of 
     the usage of the Mentoring Networks.
       ``(g) Reviews by Inspector General.--
       ``(1) In general.--The Inspector General of the 
     Administration shall conduct a review of--
       ``(A) the extent to which recipients under the FAST program 
     are measuring the performance of the activities being 
     conducted and the results of such measurements; and
       ``(B) the overall management and effectiveness of the FAST 
     program.
       ``(2) Report.--During the first quarter of fiscal year 
     2004, the Inspector General of the Administration shall 
     submit a report to the Committee on Small Business of the 
     Senate and the Committee on Science and the Committee on 
     Small Business of the House of Representatives on the review 
     conducted under paragraph (1).
       ``(h) Program Levels.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out the FAST program, including Mentoring Networks, 
     under this section and section 35, $10,000,000 for each of 
     fiscal years 2001 through 2005.
       ``(2) Mentoring database.--Of the total amount made 
     available under paragraph (1) for fiscal years 2001 through 
     2005, a reasonable amount, not to exceed a total of $500,000, 
     may be used by the Administration to carry out section 35(d).
       ``(i) Termination.--The authority to carry out the FAST 
     program under this section shall terminate on September 30, 
     2005.''.
       (c) Coordination of Technology Development Programs.--
     Section 9 of the Small

[[Page S9623]]

     Business Act (15 U.S.C. 638) is amended by adding at the end 
     the following:
       ``(u) Coordination of Technology Development Programs.--
       ``(1) Definition of technology development program.--In 
     this subsection, the term `technology development program' 
     means--
       ``(A) the Experimental Program to Stimulate Competitive 
     Research of the National Science Foundation, as established 
     under section 113 of the National Science Foundation 
     Authorization Act of 1988 (42 U.S.C. 1862g);
       ``(B) the Defense Experimental Program to Stimulate 
     Competitive Research of the Department of Defense;
       ``(C) the Experimental Program to Stimulate Competitive 
     Research of the Department of Energy;
       ``(D) the Experimental Program to Stimulate Competitive 
     Research of the Environmental Protection Agency;
       ``(E) the Experimental Program to Stimulate Competitive 
     Research of the National Aeronautics and Space 
     Administration;
       ``(F) the Institutional Development Award Program of the 
     National Institutes of Health; and
       ``(G) the National Research Initiative Competitive Grants 
     Program of the Department of Agriculture.
       ``(2) Coordination requirements.--Each Federal agency that 
     is subject to subsection (f) and that has established a 
     technology development program may, in each fiscal year, 
     review for funding under that technology development 
     program--
       ``(A) any proposal to provide outreach and assistance to 1 
     or more small business concerns interested in participating 
     in the SBIR program, including any proposal to make a grant 
     or loan to a company to pay a portion or all of the cost of 
     developing an SBIR proposal, from an entity, organization, or 
     individual located in--
       ``(i) a State that is eligible to participate in that 
     program; or
       ``(ii) a State described in paragraph (3); or
       ``(B) any proposal for the first phase of the SBIR program, 
     if the proposal, though meritorious, is not funded through 
     the SBIR program for that fiscal year due to funding 
     restraints, from a small business concern located in--
       ``(i) a State that is eligible to participate in a 
     technology development program; or
       ``(ii) a State described in paragraph (3).
       ``(3) Additionally eligible state.--A State referred to in 
     subparagraph (A)(ii) or (B)(ii) of paragraph (2) is a State 
     in which the total value of contracts awarded to small 
     business concerns under all SBIR programs is less than the 
     total value of contracts awarded to small business concerns 
     in a majority of other States, as determined by the 
     Administrator in biennial fiscal years, beginning with fiscal 
     year 2000, based on the most recent statistics compiled by 
     the Administrator.''.

     SEC. 112. MENTORING NETWORKS.

       The Small Business Act (15 U.S.C. 631 et seq.) is amended 
     by inserting after section 34, as added by section 111(b)(2) 
     of this Act, the following:

     ``SEC. 35. MENTORING NETWORKS.

       ``(a) Findings.--Congress finds that--
       ``(1) the SBIR and STTR programs create jobs, increase 
     capacity for technological innovation, and boost 
     international competitiveness;
       ``(2) increasing the quantity of applications from all 
     States to the SBIR and STTR programs would enhance 
     competition for such awards and the quality of the completed 
     projects; and
       ``(3) mentoring is a natural complement to the FAST program 
     of reaching out to new companies regarding the SBIR and STTR 
     programs as an effective and low-cost way to improve the 
     likelihood that such companies will succeed in such programs 
     in developing and commercializing their research.
       ``(b) Authorization for Mentoring Networks.--The recipient 
     of an award or participant in a cooperative agreement under 
     section 34 may use a reasonable amount of such assistance for 
     the establishment of a Mentoring Network under this section.
       ``(c) Criteria for Mentoring Networks.--A Mentoring Network 
     established using assistance under section 34 shall--
       ``(1) provide business advice and counseling to high 
     technology small business concerns located in the State or 
     region served by the Mentoring Network and identified under 
     section 34(c)(1)(E)(ii) as potential candidates for the SBIR 
     or STTR programs;
       ``(2) identify volunteer mentors who--
       ``(A) are persons associated with a small business concern 
     that has successfully completed one or more SBIR or STTR 
     funding agreements; and
       ``(B) have agreed to guide small business concerns through 
     all stages of the SBIR or STTR program process, including 
     providing assistance relating to--
       ``(i) proposal writing;
       ``(ii) marketing;
       ``(iii) Government accounting;
       ``(iv) Government audits;
       ``(v) project facilities and equipment;
       ``(vi) human resources;
       ``(vii) third phase partners;
       ``(viii) commercialization;
       ``(ix) venture capital networking; and
       ``(x) other matters relevant to the SBIR and STTR programs;
       ``(3) have experience working with small business concerns 
     participating in the SBIR and STTR programs;
       ``(4) contribute information to the national database 
     referred to in subsection (d); and
       ``(5) agree to reimburse volunteer mentors for out-of-
     pocket expenses related to service as a mentor under this 
     section.
       ``(d) Mentoring Database.--The Administrator shall--
       ``(1) include in the database required by section 9(k)(1), 
     in cooperation with the SBIR, STTR, and FAST programs, 
     information on Mentoring Networks and mentors participating 
     under this section, including a description of their areas of 
     expertise;
       ``(2) work cooperatively with Mentoring Networks to 
     maintain and update the database;
       ``(3) take such action as may be necessary to aggressively 
     promote Mentoring Networks under this section; and
       ``(4) fulfill the requirements of this subsection either 
     directly or by contract.''.

     SEC. 113. SIMPLIFIED REPORTING REQUIREMENTS.

       Section 9 of the Small Business Act (15 U.S.C. 638), as 
     amended by this Act, is further amended by adding at the end 
     the following:
       ``(v) Simplified Reporting Requirements.--The Administrator 
     shall work with the Federal agencies required by this section 
     to have an SBIR program to standardize reporting requirements 
     for the collection of data from SBIR applicants and awardees, 
     including data for inclusion in the database under subsection 
     (k), taking into consideration the unique needs of each 
     agency, and to the extent possible, permitting the updating 
     of previously reported information by electronic means. Such 
     requirements shall be designed to minimize the burden on 
     small businesses.''.

     SEC. 114. RURAL OUTREACH PROGRAM EXTENSION.

       (a) Extension of Termination Date.--Section 501(b)(2) of 
     the Small Business Reauthorization Act of 1997 (15 U.S.C. 638 
     note; 111 Stat. 2622) is amended by striking ``2001'' and 
     inserting ``2005''.
       (b) Extension of Authorization of Appropriations.--Section 
     9(s)(2) of the Small Business Act (15 U.S.C. 638(s)(2)) is 
     amended by striking ``for fiscal year 1998, 1999, 2000, or 
     2001'' and inserting ``for each of the fiscal years 2000 
     through 2005,''.

                TITLE II--GENERAL BUSINESS LOAN PROGRAM

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Small Business General 
     Business Loan Improvement Act of 2000''.

     SEC. 202. LEVELS OF PARTICIPATION.

       Section 7(a)(2)(A) of the Small Business Act (15 U.S.C. 
     636(a)(2)(A)) is amended--
       (1) in paragraph (i) by striking ``$100,000'' and inserting 
     ``$150,000''; and
       (2) in paragraph (ii)--
       (A) by striking ``80 percent'' and inserting ``85 
     percent''; and
       (B) by striking ``$100,000'' and inserting ``$150,000''.

     SEC. 203. LOAN AMOUNTS.

       Section 7(a)(3)(A) of the Small Business Act (15 U.S.C. 
     636(a)(3)(A)) is amended by striking ``$750,000,'' and 
     inserting, ``$1,000,000 (or if the gross loan amount would 
     exceed $2,000,000),''.

     SEC. 204. INTEREST ON DEFAULTED LOANS.

       Section 7(a)(4)(B) of the Small Business Act (15 U.S.C. 
     636(a)(4)(B)) is amended by adding at the end the following:
       ``(iii) Applicability.--Clauses (i) and (ii) shall not 
     apply to loans made on or after October 1, 2000.''.

     SEC. 205. PREPAYMENT OF LOANS.

       Section 7(a)(4) of the Small Business Act (15 U.S.C. 
     636(a)(4)) is further amended--
       (1) by striking ``(4) Interest rates and fees.--'' and 
     inserting ``(4) Interest rates and prepayment charges.--''; 
     and
       (2) by adding at the end the following:
       ``(C) Prepayment charges.--
       ``(i) In general.--A borrower who prepays any loan 
     guaranteed under this subsection shall remit to the 
     Administration a subsidy recoupment fee calculated in 
     accordance with clause (ii) if--

       ``(I) the loan is for a term of not less than 15 years;
       ``(II) the prepayment is voluntary;
       ``(III) the amount of prepayment in any calendar year is 
     more than 25 percent of the outstanding balance of the loan; 
     and
       ``(IV) the prepayment is made within the first 3 years 
     after disbursement of the loan proceeds.

       ``(ii) Subsidy recoupment fee.--The subsidy recoupment fee 
     charged under clause (i) shall be--

       ``(I) 5 percent of the amount of prepayment, if the 
     borrower prepays during the first year after disbursement;
       ``(II) 3 percent of the amount of prepayment, if the 
     borrower prepays during the second year after disbursement; 
     and
       ``(III) 1 percent of the amount of prepayment, if the 
     borrower prepays during the third year after disbursement.''.

     SEC. 206. GUARANTEE FEES.

       Section 7(a)(18) of the Small Business Act (15 U.S.C. 
     636(a)(18)) is amended to read as follows:
       ``(18) Guarantee fees.--
       ``(A) In general.--With respect to each loan guaranteed 
     under this subsection (other than a loan that is repayable in 
     1 year or less), the Administration shall collect a guarantee 
     fee, which shall be payable by the participating lender, and 
     may be charged to the borrower, as follows:
       ``(i) A guarantee fee equal to 2 percent of the deferred 
     participation share of a total loan amount that is not more 
     than $150,000.

[[Page S9624]]

       ``(ii) A guarantee fee equal to 3 percent of the deferred 
     participation share of a total loan amount that is more than 
     $150,000, but less than $700,000.
       ``(iii) A guarantee fee equal to 3.5 percent of the 
     deferred participation share of a total loan amount that is 
     more than $700,000.
       ``(B) Retention of certain fees.--Lenders participating in 
     the programs established under this subsection may retain not 
     more than 25 percent of a fee collected under subparagraph 
     (A)(i).''.

     SEC. 207. LEASE TERMS.

       Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) 
     is further amended by adding at the end the following:
       ``(28) Leasing.--In addition to such other lease 
     arrangements as may be authorized by the Administration, a 
     borrower may permanently lease to one or more tenants not 
     more than 20 percent of any property constructed with the 
     proceeds of a loan guaranteed under this subsection, if the 
     borrower permanently occupies and uses not less than 60 
     percent of the total business space in the property.''.

     SEC. 208. MICROLOAN PROGRAM.

       (a) In General.--Section 7(m) of the Small Business Act (15 
     U.S.C. 636(m)) is amended--
       (1) in paragraphs (1)(B)(iii) and (3)(E), by striking 
     ``$25,000'' each place it appears and inserting ``$35,000'';
       (2) in paragraphs (1)(A)(iii)(I), (3)(A)(ii), and 
     (4)(C)(i)(II), by striking ``$7,500'' each place it appears 
     and inserting ``$10,000'';
       (3) in paragraph (1)(B)(i), by striking ``short-term,'';
       (4) in paragraph (2)(B), by inserting before the period ``, 
     or equivalent experience, as determined by the 
     Administration'';
       (5) in paragraph (3)(E), by striking ``$15,000'' and 
     inserting ``$20,000'';
       (6) in paragraph (4)(E)--
       (A) by striking clause (i) and inserting the following:
       ``(i) In general.--Each intermediary may expend the grant 
     funds received under the program authorized by this 
     subsection to provide or arrange for loan technical 
     assistance to small business concerns that are borrowers or 
     prospective borrowers under this subsection.''; and
       (B) in clause (ii), by striking ``25'' and inserting 
     ``35'';
       (7) in paragraph (5)(A)--
       (A) by striking ``25 grants'' and inserting ``55 grants''; 
     and
       (B) by striking ``$125,000'' and inserting ``$200,000'';
       (8) in paragraph (6)(B), by striking ``$10,000'' and 
     inserting ``$15,000'';
       (9) in paragraph (7), by striking subparagraph (A) and 
     inserting the following:
       ``(A) Number of participants.--Under the program authorized 
     by this subsection, the Administration may fund, on a 
     competitive basis, not more than--
       ``(i) 250 intermediaries in fiscal year 2001;
       ``(ii) 300 intermediaries in fiscal year 2002; and
       ``(iii) 350 intermediaries in fiscal year 2003.''; and
       (10) in paragraph (9), by adding at the end the following:
       ``(D) Peer-to-peer capacity building and training.--The 
     Administrator may use not more than $1,000,000 of the annual 
     appropriation to the Administration for technical assistance 
     grants to subcontract with 1 or more national trade 
     associations of eligible intermediaries under this subsection 
     to provide peer-to-peer capacity building and training to 
     lenders under this subsection and organizations seeking to 
     become lenders under this subsection.''.
       (b) Conforming Amendments.--Section 7(n)(11)(B) of the 
     Small Business Act (15 U.S.C. 636(n)(11)(B)) is amended--
       (1) by striking ``$25,000'' and inserting ``$35,000''; and
       (2) by striking ``short-term,''.

            TITLE III--CERTIFIED DEVELOPMENT COMPANY PROGRAM

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Certified Development 
     Company Program Improvements Act of 2000''.

     SEC. 302. WOMEN-OWNED BUSINESSES.

       Section 501(d)(3)(C) of the Small Business Investment Act 
     of 1958 (15 U.S.C. 695(d)(3)(C)) is amended by inserting 
     before the comma ``or women-owned business development''.

     SEC. 303. MAXIMUM DEBENTURE SIZE.

       Section 502(2) of the Small Business Investment Act of 1958 
     (15 U.S.C. 696(2)) is amended to read as follows:
       ``(2) Loans made by the Administration under this section 
     shall be limited to $1,000,000 for each such identifiable 
     small business concern, except loans meeting the criteria 
     specified in section 501(d)(3), which shall be limited to 
     $1,300,000 for each such identifiable small business 
     concern.''.

     SEC. 304. FEES.

       Section 503(f) of the Small Business Investment Act of 1958 
     (15 U.S.C. 697(f)) is amended to read as follows:
       ``(f) Effective Date.--The fees authorized by subsections 
     (b) and (d) shall apply to financings approved by the 
     Administration on or after October 1, 1996, but shall not 
     apply to financings approved by the Administration on or 
     after October 1, 2003.''.

     SEC. 305. PREMIER CERTIFIED LENDERS PROGRAM.

       Section 217(b) of the Small Business Administration 
     Reauthorization and Amendments Act of 1994 (Public Law 103-
     403, 15 U.S.C. 697 note) (relating to section 508 of the 
     Small Business Investment Act of 1958) is repealed.

     SEC. 306. SALE OF CERTAIN DEFAULTED LOANS.

       Section 508 of the Small Business Investment Act of 1958 
     (15 U.S.C. 697e) is amended--
       (1) in subsection (a), by striking ``On a pilot program 
     basis, the'' and inserting ``The'';
       (2) by redesignating subsections (d) through (i) as 
     subsections (e) through (j), respectively;
       (3) in subsection (f) (as redesignated by paragraph (2)), 
     by striking ``subsection (f)'' and inserting ``subsection 
     (g)'';
       (4) in subsection (h) (as redesignated by paragraph (2)), 
     by striking ``subsection (f)'' and inserting ``subsection 
     (g)''; and
       (5) by inserting after subsection (c) the following:
       ``(d) Sale of Certain Defaulted Loans.--
       ``(1) Notice.--If, upon default in repayment, the 
     Administration acquires a loan guaranteed under this section 
     and identifies such loan for inclusion in a bulk asset sale 
     of defaulted or repurchased loans or other financings, it 
     shall give prior notice thereof to any certified development 
     company which has a contingent liability under this section. 
     The notice shall be given to the company as soon as possible 
     after the financing is identified, but not less than 90 days 
     before the date the Administration first makes any records on 
     such financing available for examination by prospective 
     purchasers prior to its offering in a package of loans for 
     bulk sale.
       ``(2) Limitations.--The Administration shall not offer any 
     loan described in paragraph (1) as part of a bulk sale unless 
     it--
       ``(A) provides prospective purchasers with the opportunity 
     to examine the Administration's records with respect to such 
     loan; and
       ``(B) provides the notice required by paragraph (1).''.

     SEC. 307. LOAN LIQUIDATION.

       (a) Liquidation and Foreclosure.--Title V of the Small 
     Business Investment Act of 1958 (15 U.S.C. 695 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 510. FORECLOSURE AND LIQUIDATION OF LOANS.

       ``(a) Delegation of Authority.--In accordance with this 
     section, the Administration shall delegate to any qualified 
     State or local development company (as defined in section 
     503(e)) that meets the eligibility requirements of subsection 
     (b)(1) the authority to foreclose and liquidate, or to 
     otherwise treat in accordance with this section, defaulted 
     loans in its portfolio that are funded with the proceeds of 
     debentures guaranteed by the Administration under section 
     503.
       ``(b) Eligibility for Delegation.--
       ``(1) Requirements.--A qualified State or local development 
     company shall be eligible for a delegation of authority under 
     subsection (a) if--
       ``(A) the company--
       ``(i) has participated in the loan liquidation pilot 
     program established by the Small Business Programs 
     Improvement Act of 1996 (15 U.S.C. 695 note), as in effect on 
     the day before promulgation of final regulations by the 
     Administration implementing this section;
       ``(ii) is participating in the Premier Certified Lenders 
     Program under section 508; or
       ``(iii) during the 3 fiscal years immediately prior to 
     seeking such a delegation, has made an average of not less 
     than 10 loans per year that are funded with the proceeds of 
     debentures guaranteed under section 503; and
       ``(B) the company--
       ``(i) has one or more employees--

       ``(I) with not less than 2 years of substantive, decision-
     making experience in administering the liquidation and 
     workout of problem loans secured in a manner substantially 
     similar to loans funded with the proceeds of debentures 
     guaranteed under section 503; and
       ``(II) who have completed a training program on loan 
     liquidation developed by the Administration in conjunction 
     with qualified State and local development companies that 
     meet the requirements of this paragraph; or

       ``(ii) submits to the Administration documentation 
     demonstrating that the company has contracted with a 
     qualified third-party to perform any liquidation activities 
     and secures the approval of the contract by the 
     Administration with respect to the qualifications of the 
     contractor and the terms and conditions of liquidation 
     activities.
       ``(2) Confirmation.--On request the Administration shall 
     examine the qualifications of any company described in 
     subsection (a) to determine if such company is eligible for 
     the delegation of authority under this section. If the 
     Administration determines that a company is not eligible, the 
     Administration shall provide the company with the reasons for 
     such ineligibility.
       ``(c) Scope of Delegated Authority.--
       ``(1) In general.--Each qualified State or local 
     development company to which the Administration delegates 
     authority under section (a) may with respect to any loan 
     described in subsection (a)--
       ``(A) perform all liquidation and foreclosure functions, 
     including the purchase in accordance with this subsection of 
     any other indebtedness secured by the property securing the 
     loan, in a reasonable and sound manner according to 
     commercially accepted practices, pursuant to a liquidation 
     plan approved in advance by the Administration under 
     paragraph (2)(A);
       ``(B) litigate any matter relating to the performance of 
     the functions described in subparagraph (A), except that the 
     Administration may--
       ``(i) defend or bring any claim if--

[[Page S9625]]

       ``(I) the outcome of the litigation may adversely affect 
     the Administration's management of the loan program 
     established under section 502; or
       ``(II) the Administration is entitled to legal remedies not 
     available to a qualified State or local development company 
     and such remedies will benefit either the Administration or 
     the qualified State or local development company; or

       ``(ii) oversee the conduct of any such litigation; and
       ``(C) take other appropriate actions to mitigate loan 
     losses in lieu of total liquidation or foreclosures, 
     including the restructuring of a loan in accordance with 
     prudent loan servicing practices and pursuant to a workout 
     plan approved in advance by the Administration under 
     paragraph (2)(C).
       ``(2) Administration approval.--
       ``(A) Liquidation plan.--
       ``(i) In general.--Before carrying out functions described 
     in paragraph (1)(A), a qualified State or local development 
     company shall submit to the Administration a proposed 
     liquidation plan.
       ``(ii) Administration action on plan.--

       ``(I) Timing.--Not later than 15 business days after a 
     liquidation plan is received by the Administration under 
     clause (i), the Administration shall approve or reject the 
     plan.
       ``(II) Notice of no decision.--With respect to any plan 
     that cannot be approved or denied within the 15-day period 
     required by subclause (I), the Administration shall within 
     such period provide in accordance with subparagraph (E) 
     notice to the company that submitted the plan.

       ``(iii) Routine actions.--In carrying out functions 
     described in paragraph (1)(A), a qualified State or local 
     development company may undertake routine actions not 
     addressed in a liquidation plan without obtaining additional 
     approval from the Administration.
       ``(B) Purchase of indebtedness.--
       ``(i) In general.--In carrying out functions described in 
     paragraph (1)(A), a qualified State or local development 
     company shall submit to the Administration a request for 
     written approval before committing the Administration to the 
     purchase of any other indebtedness secured by the property 
     securing a defaulted loan.
       ``(ii) Administration action on request.--

       ``(I) Timing.--Not later than 15 business days after 
     receiving a request under clause (i), the Administration 
     shall approve or deny the request.
       ``(II) Notice of no decision.--With respect to any request 
     that cannot be approved or denied within the 15-day period 
     required by subclause (I), the Administration shall within 
     such period provide in accordance with subparagraph (E) 
     notice to the company that submitted the request.

       ``(C) Workout plan.--
       ``(i) In general.--In carrying out functions described in 
     paragraph (1)(C), a qualified State or local development 
     company shall submit to the Administration a proposed workout 
     plan.
       ``(ii) Administration action on plan.--

       ``(I) Timing.--Not later than 15 business days after a 
     workout plan is received by the Administration under clause 
     (i), the Administration shall approve or reject the plan.
       ``(II) Notice of no decision.--With respect to any workout 
     plan that cannot be approved or denied within the 15-day 
     period required by subclause (I), the Administration shall 
     within such period provide in accordance with subparagraph 
     (E) notice to the company that submitted the plan.

       ``(D) Compromise of indebtedness.--In carrying out 
     functions described in paragraph (1)(A), a qualified State or 
     local development company may--
       ``(i) consider an offer made by an obligor to compromise 
     the debt for less than the full amount owing; and
       ``(ii) pursuant to such an offer, release any obligor or 
     other party contingently liable, if the company secures the 
     written approval of the Administration.
       ``(E) Contents of notice of no decision.--Any notice 
     provided by the Administration under subparagraphs 
     (A)(ii)(II), (B)(ii)(II), or (C)(ii)(II)--
       ``(i) shall be in writing;
       ``(ii) shall state the specific reason for the 
     Administration's inability to act on a plan or request;
       ``(iii) shall include an estimate of the additional time 
     required by the Administration to act on the plan or request; 
     and
       ``(iv) if the Administration cannot act because 
     insufficient information or documentation was provided by the 
     company submitting the plan or request, shall specify the 
     nature of such additional information or documentation.
       ``(3) Conflict of interest.--In carrying out functions 
     described in paragraph (1), a qualified State or local 
     development company shall take no action that would result in 
     an actual or apparent conflict of interest between the 
     company (or any employee of the company) and any third party 
     lender, associate of a third party lender, or any other 
     person participating in a liquidation, foreclosure, or loss 
     mitigation action.
       ``(d) Suspension or Revocation of Authority.--The 
     Administration may revoke or suspend a delegation of 
     authority under this section to any qualified State or local 
     development company, if the Administration determines that 
     the company--
       ``(1) does not meet the requirements of subsection (b)(1);
       ``(2) has violated any applicable rule or regulation of the 
     Administration or any other applicable law; or
       ``(3) fails to comply with any reporting requirement that 
     may be established by the Administration relating to carrying 
     out of functions described in paragraph (1).
       ``(e) Report.--
       ``(1) In general.--Based on information provided by 
     qualified State and local development companies and the 
     Administration, the Administration shall annually submit to 
     the Committees on Small Business of the House of 
     Representatives and of the Senate a report on the results of 
     delegation of authority under this section.
       ``(2) Contents.--Each report submitted under paragraph (1) 
     shall include the following information:
       ``(A) With respect to each loan foreclosed or liquidated by 
     a qualified State or local development company under this 
     section, or for which losses were otherwise mitigated by the 
     company pursuant to a workout plan under this section--
       ``(i) the total cost of the project financed with the loan;
       ``(ii) the total original dollar amount guaranteed by the 
     Administration;
       ``(iii) the total dollar amount of the loan at the time of 
     liquidation, foreclosure, or mitigation of loss;
       ``(iv) the total dollar losses resulting from the 
     liquidation, foreclosure, or mitigation of loss; and
       ``(v) the total recoveries resulting from the liquidation, 
     foreclosure, or mitigation of loss, both as a percentage of 
     the amount guaranteed and the total cost of the project 
     financed.
       ``(B) With respect to each qualified State or local 
     development company to which authority is delegated under 
     this section, the totals of each of the amounts described in 
     clauses (i) through (v) of subparagraph (A).
       ``(C) With respect to all loans subject to foreclosure, 
     liquidation, or mitigation under this section, the totals of 
     each of the amounts described in clauses (i) through (v) of 
     subparagraph (A).
       ``(D) A comparison between--
       ``(i) the information provided under subparagraph (C) with 
     respect to the 12-month period preceding the date on which 
     the report is submitted; and
       ``(ii) the same information with respect to loans 
     foreclosed and liquidated, or otherwise treated, by the 
     Administration during the same period.
       ``(E) The number of times that the Administration has 
     failed to approve or reject a liquidation plan in accordance 
     with subparagraph (A)(i), a workout plan in accordance with 
     subparagraph (C)(i), or to approve or deny a request for 
     purchase of indebtedness under subparagraph (B)(i), including 
     specific information regarding the reasons for the 
     Administration's failure and any delays that resulted.''.
       (b) Regulations.--
       (1) In general.--Not later than 150 days after the date of 
     enactment of this Act, the Administrator shall issue such 
     regulations as may be necessary to carry out section 510 of 
     the Small Business Investment Act of 1958, as added by 
     subsection (a) of this section.
       (2) Termination of pilot program.--Beginning on the date on 
     which final regulations are issued under paragraph (1), 
     section 204 of the Small Business Programs Improvement Act of 
     1996 (15 U.S.C. 695 note) shall cease to have effect.

   TITLE IV--CORRECTIONS TO THE SMALL BUSINESS INVESTMENT ACT OF 1958

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Small Business Investment 
     Corrections Act of 2000''.

     SEC. 402. DEFINITIONS.

       (a) Small Business Concern.--Section 103(5)(A)(i) of the 
     Small Business Investment Act of 1958 (15 U.S.C. 
     662(5)(A)(i)) is amended by inserting before the semicolon at 
     the end the following: ``regardless of the allocation of 
     control during the investment period under any investment 
     agreement between the business concern and the entity making 
     the investment''.
       (b) Long Term.--Section 103 of the Small Business 
     Investment Act of 1958 (15 U.S.C. 662) is amended--
       (1) in paragraph (15), by striking ``and'' at the end;
       (2) in paragraph (16), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(17) the term `long term', when used in connection with 
     equity capital or loan funds invested in any small business 
     concern or smaller enterprise, means any period of time not 
     less than 1 year.''.

     SEC. 403. INVESTMENT IN SMALL BUSINESS INVESTMENT COMPANIES.

       Section 302(b) of the Small Business Investment Act of 1958 
     (15 U.S.C. 682(b)) is amended--
       (1) by striking ``(b) Notwithstanding'' and inserting the 
     following:
       ``(b) Financial Institution Investments.--
       ``(1) Certain banks.--Notwithstanding''; and
       (2) by adding at the end the following:
       ``(2) Certain savings associations.--Notwithstanding any 
     other provision of law, any Federal savings association may 
     invest in any 1 or more small business investment companies, 
     or in any entity established to invest solely in small 
     business investment companies, except that in no event may 
     the total amount of such investments by any such Federal 
     savings association exceed 5 percent of the capital and 
     surplus of the Federal savings association.''.

[[Page S9626]]

     SEC. 404. SUBSIDY FEES.

       (a) Debentures.--Section 303(b) of the Small Business 
     Investment Act of 1958 (15 U.S.C. 683(b)) is amended by 
     striking ``plus an additional charge of 1 percent per annum 
     which shall be paid to and retained by the Administration'' 
     and inserting ``plus, for debentures issued after September 
     30, 2000, an additional charge, in an amount established 
     annually by the Administration, of not more than 1 percent 
     per year as necessary to reduce to zero the cost (as defined 
     in section 502 of the Federal Credit Reform Act of 1990 (2 
     U.S.C. 661a)) to the Administration of purchasing and 
     guaranteeing debentures under this Act, which shall be paid 
     to and retained by the Administration''.
       (b) Participating Securities.--Section 303(g)(2) of the 
     Small Business Investment Act of 1958 (15 U.S.C. 683(g)(2)) 
     is amended by striking ``plus an additional charge of 1 
     percent per annum which shall be paid to and retained by the 
     Administration'' and inserting ``plus, for participating 
     securities issued after September 30, 2000, an additional 
     charge, in an amount established annually by the 
     Administration, of not more than 1 percent per year as 
     necessary to reduce to zero the cost (as defined in section 
     502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a)) 
     to the Administration of purchasing and guaranteeing 
     participating securities under this Act, which shall be paid 
     to and retained by the Administration''.

     SEC. 405. DISTRIBUTIONS.

       Section 303(g)(8) of the Small Business Investment Act of 
     1958 (15 U.S.C. 683(g)(8)) is amended--
       (1) by striking ``subchapter s corporation'' and inserting 
     ``subchapter S corporation'';
       (2) by striking ``the end of any calendar quarter based on 
     a quarterly'' and inserting ``any time during any calendar 
     quarter based on an''; and
       (3) by striking ``quarterly distributions for a calendar 
     year,'' and inserting ``interim distributions for a calendar 
     year,''.

     SEC. 406. CONFORMING AMENDMENT.

       Section 310(c)(4) of the Small Business Investment Act of 
     1958 (15 U.S.C. 687b(c)(4)) is amended by striking ``five 
     years'' and inserting ``1 year''.

          TITLE V--REAUTHORIZATION OF SMALL BUSINESS PROGRAMS

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Small Business Programs 
     Reauthorization Act of 2000''.

     SEC. 502. REAUTHORIZATION OF SMALL BUSINESS PROGRAMS.

       Section 20 of the Small Business Act (15 U.S.C. 631 note) 
     is amended by adding at the end the following:
       ``(g) Fiscal Year 2001.--
       ``(1) Program levels.--The following program levels are 
     authorized for fiscal year 2001:
       ``(A) For the programs authorized by this Act, the 
     Administration is authorized to make--
       ``(i) $45,000,000 in technical assistance grants as 
     provided in section 7(m); and
       ``(ii) $60,000,000 in direct loans, as provided in 7(m).
       ``(B) For the programs authorized by this Act, the 
     Administration is authorized to make $19,050,000,000 in 
     deferred participation loans and other financings. Of such 
     sum, the Administration is authorized to make--
       ``(i) $14,500,000,000 in general business loans as provided 
     in section 7(a);
       ``(ii) $4,000,000,000 in financings as provided in section 
     7(a)(13) of this Act and section 504 of the Small Business 
     Investment Act of 1958;
       ``(iii) $500,000,000 in loans as provided in section 
     7(a)(21); and
       ``(iv) $50,000,000 in loans as provided in section 7(m).
       ``(C) For the programs authorized by title III of the Small 
     Business Investment Act of 1958, the Administration is 
     authorized to make--
       ``(i) $2,500,000,000 in purchases of participating 
     securities; and
       ``(ii) $1,500,000,000 in guarantees of debentures.
       ``(D) For the programs authorized by part B of title IV of 
     the Small Business Investment Act of 1958, the Administration 
     is authorized to enter into guarantees not to exceed 
     $4,000,000,000 of which not more than 50 percent may be in 
     bonds approved pursuant to section 411(a)(3) of that Act.
       ``(E) The Administration is authorized to make grants or 
     enter cooperative agreements for a total amount of $5,000,000 
     for the Service Corps of Retired Executives program 
     authorized by section 8(b)(1).
       ``(2) Additional authorizations.--
       ``(A) There are authorized to be appropriated to the 
     Administration for fiscal year 2001 such sums as may be 
     necessary to carry out the provisions of this Act not 
     elsewhere provided for, including administrative expenses and 
     necessary loan capital for disaster loans pursuant to section 
     7(b), and to carry out title IV of the Small Business 
     Investment Act of 1958, including salaries and expenses of 
     the Administration.
       ``(B) Notwithstanding any other provision of this 
     paragraph, for fiscal year 2001--
       ``(i) no funds are authorized to be used as loan capital 
     for the loan program authorized by section 7(a)(21) except by 
     transfer from another Federal department or agency to the 
     Administration, unless the program level authorized for 
     general business loans under paragraph (1)(B)(i) is fully 
     funded; and
       ``(ii) the Administration may not approve loans on its own 
     behalf or on behalf of any other Federal department or 
     agency, by contract or otherwise, under terms and conditions 
     other than those specifically authorized under this Act or 
     the Small Business Investment Act of 1958, except that it may 
     approve loans under section 7(a)(21) of this Act in gross 
     amounts of not more than $1,250,000.
       ``(h) Fiscal Year 2002.--
       ``(1) Program levels.--The following program levels are 
     authorized for fiscal year 2002:
       ``(A) For the programs authorized by this Act, the 
     Administration is authorized to make--
       ``(i) $60,000,000 in technical assistance grants as 
     provided in section 7(m); and
       ``(ii) $80,000,000 in direct loans, as provided in 7(m).
       ``(B) For the programs authorized by this Act, the 
     Administration is authorized to make $20,050,000,000 in 
     deferred participation loans and other financings. Of such 
     sum, the Administration is authorized to make--
       ``(i) $15,000,000,000 in general business loans as provided 
     in section 7(a);
       ``(ii) $4,500,000,000 in financings as provided in section 
     7(a)(13) of this Act and section 504 of the Small Business 
     Investment Act of 1958;
       ``(iii) $500,000,000 in loans as provided in section 
     7(a)(21); and
       ``(iv) $50,000,000 in loans as provided in section 7(m).
       ``(C) For the programs authorized by title III of the Small 
     Business Investment Act of 1958, the Administration is 
     authorized to make--
       ``(i) $3,500,000,000 in purchases of participating 
     securities; and
       ``(ii) $2,500,000,000 in guarantees of debentures.
       ``(D) For the programs authorized by part B of title IV of 
     the Small Business Investment Act of 1958, the Administration 
     is authorized to enter into guarantees not to exceed 
     $5,000,000,000 of which not more than 50 percent may be in 
     bonds approved pursuant to section 411(a)(3) of that Act.
       ``(E) The Administration is authorized to make grants or 
     enter cooperative agreements for a total amount of $6,000,000 
     for the Service Corps of Retired Executives program 
     authorized by section 8(b)(1).
       ``(2) Additional authorizations.--
       ``(A) There are authorized to be appropriated to the 
     Administration for fiscal year 2002 such sums as may be 
     necessary to carry out the provisions of this Act not 
     elsewhere provided for, including administrative expenses and 
     necessary loan capital for disaster loans pursuant to section 
     7(b), and to carry out title IV of the Small Business 
     Investment Act of 1958, including salaries and expenses of 
     the Administration.
       ``(B) Notwithstanding any other provision of this 
     paragraph, for fiscal year 2002--
       ``(i) no funds are authorized to be used as loan capital 
     for the loan program authorized by section 7(a)(21) except by 
     transfer from another Federal department or agency to the 
     Administration, unless the program level authorized for 
     general business loans under paragraph (1)(B)(i) is fully 
     funded; and
       ``(ii) the Administration may not approve loans on its own 
     behalf or on behalf of any other Federal department or 
     agency, by contract or otherwise, under terms and conditions 
     other than those specifically authorized under this Act or 
     the Small Business Investment Act of 1958, except that it may 
     approve loans under section 7(a)(21) of this Act in gross 
     amounts of not more than $1,250,000.
       ``(i) Fiscal Year 2003.--
       ``(1) Program levels.--The following program levels are 
     authorized for fiscal year 2003:
       ``(A) For the programs authorized by this Act, the 
     Administration is authorized to make--
       ``(i) $70,000,000 in technical assistance grants as 
     provided in section 7(m); and
       ``(ii) $100,000,000 in direct loans, as provided in 7(m).
       ``(B) For the programs authorized by this Act, the 
     Administration is authorized to make $21,550,000,000 in 
     deferred participation loans and other financings. Of such 
     sum, the Administration is authorized to make--
       ``(i) $16,000,000,000 in general business loans as provided 
     in section 7(a);
       ``(ii) $5,000,000,000 in financings as provided in section 
     7(a)(13) of this Act and section 504 of the Small Business 
     Investment Act of 1958;
       ``(iii) $500,000,000 in loans as provided in section 
     7(a)(21); and
       ``(iv) $50,000,000 in loans as provided in section 7(m).
       ``(C) For the programs authorized by title III of the Small 
     Business Investment Act of 1958, the Administration is 
     authorized to make--
       ``(i) $4,000,000,000 in purchases of participating 
     securities; and
       ``(ii) $3,000,000,000 in guarantees of debentures.
       ``(D) For the programs authorized by part B of title IV of 
     the Small Business Investment Act of 1958, the Administration 
     is authorized to enter into guarantees not to exceed 
     $6,000,000,000 of which not more than 50 percent may be in 
     bonds approved pursuant to section 411(a)(3) of that Act.
       ``(E) The Administration is authorized to make grants or 
     enter into cooperative agreements for a total amount of 
     $7,000,000 for the Service Corps of Retired Executives 
     program authorized by section 8(b)(1).
       ``(2) Additional authorizations.--
       ``(A) There are authorized to be appropriated to the 
     Administration for fiscal year 2003 such sums as may be 
     necessary to carry

[[Page S9627]]

     out the provisions of this Act not elsewhere provided for, 
     including administrative expenses and necessary loan capital 
     for disaster loans pursuant to section 7(b), and to carry out 
     title IV of the Small Business Investment Act of 1958, 
     including salaries and expenses of the Administration.
       ``(B) Notwithstanding any other provision of this 
     paragraph, for fiscal year 2003--
       ``(i) no funds are authorized to be used as loan capital 
     for the loan program authorized by section 7(a)(21) except by 
     transfer from another Federal department or agency to the 
     Administration, unless the program level authorized for 
     general business loans under paragraph (1)(B)(i) is fully 
     funded; and
       ``(ii) the Administration may not approve loans on its own 
     behalf or on behalf of any other Federal department or 
     agency, by contract or otherwise, under terms and conditions 
     other than those specifically authorized under this Act or 
     the Small Business Investment Act of 1958, except that it may 
     approve loans under section 7(a)(21) of this Act in gross 
     amounts of not more than $1,250,000.''.

     SEC. 503. ADDITIONAL REAUTHORIZATIONS.

       (a) Drug-Free Workplace Program.--Section 27 of the Small 
     Business Act (15 U.S.C. 654) is amended--
       (1) in the section heading, by striking ``DRUG-FREE 
     WORKPLACE DEMONSTRATION PROGRAM'' and inserting ``PAUL D. 
     COVERDELL DRUG-FREE WORKPLACE PROGRAM''; and
       (2) in subsection (g)(1), by striking ``$10,000,000 for 
     fiscal years 1999 and 2000'' and inserting ``$5,000,000 for 
     each of fiscal years 2001 through 2003''.
       (b) HUBZone Program.--Section 31 of the Small Business Act 
     (15 U.S.C. 657a) is amended by adding at the end the 
     following:
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out the program established by 
     this section $10,000,000 for each of fiscal years 2001 
     through 2003.''.
       (c) Women's Business Enterprise Development Programs.--
     Section 411 of the Women's Business Ownership Act (Public Law 
     105-135; 15 U.S.C. 631 note) is amended by striking 
     ``$600,000, for each of fiscal years 1998 through 2000,'' and 
     inserting ``$1,000,000 for each of fiscal years 2001 through 
     2003,''.
       (d) Very Small Business Concerns Program.--Section 304(i) 
     of the Small Business Administration Reauthorization and 
     Amendments Act of 1994 (Public Law 103-403; 15 U.S.C. 644 
     note) is amended by striking ``September 30, 2000'' and 
     inserting ``September 30, 2003''.
       (e) Socially and Economically Disadvantaged Businesses 
     Program.--Section 7102(c) of the Federal Acquisition 
     Streamlining Act of 1994 (Public Law 103-355; 15 U.S.C. 644 
     note) is amended by striking ``September 30, 2000'' and 
     inserting ``September 30, 2003''.
       (f) SBDC Services.--Section 21(c)(3)(T) of the Small 
     Business Act (15 U.S.C. 648(c)(3)(T)) is amended by striking 
     ``2000'' and inserting ``2003''.

     SEC. 504. COSPONSORSHIP.

       (a) In General.--Section 8(b)(1)(A) of the Small Business 
     Act (15 U.S.C. 637(b)(1)(A)) is amended to read as follows:
       ``(1)(A) to provide--
       ``(i) technical, managerial, and informational aids to 
     small business concerns--
       ``(I) by advising and counseling on matters in connection 
     with Government procurement and policies, principles, and 
     practices of good management;
       ``(II) by cooperating and advising with--

       ``(aa) voluntary business, professional, educational, and 
     other nonprofit organizations, associations, and institutions 
     (except that the Administration shall take such actions as it 
     determines necessary to ensure that such cooperation does not 
     constitute or imply an endorsement by the Administration of 
     the organization or its products or services, and shall 
     ensure that it receives appropriate recognition in all 
     printed materials); and
       ``(bb) other Federal and State agencies;

       ``(III) by maintaining a clearinghouse for information on 
     managing, financing, and operating small business 
     enterprises; and
       ``(IV) by disseminating such information, including through 
     recognition events, and by other activities that the 
     Administration determines to be appropriate; and
       ``(ii) through cooperation with a profit-making concern 
     (referred to in this paragraph as a `cosponsor'), training, 
     information, and education to small business concerns, except 
     that the Administration shall--
       ``(I) take such actions as it determines to be appropriate 
     to ensure that--

       ``(aa) the Administration receives appropriate recognition 
     and publicity;
       ``(bb) the cooperation does not constitute or imply an 
     endorsement by the Administration of any product or service 
     of the cosponsor;
       ``(cc) unnecessary promotion of the products or services of 
     the cosponsor is avoided; and
       ``(dd) utilization of any 1 cosponsor in a marketing area 
     is minimized; and

       ``(II) develop an agreement, executed on behalf of the 
     Administration by an employee of the Administration in 
     Washington, the District of Columbia, that provides, at a 
     minimum, that--

       ``(aa) any printed material to announce the cosponsorship 
     or to be distributed at the cosponsored activity, shall be 
     approved in advance by the Administration;
       ``(bb) the terms and conditions of the cooperation shall be 
     specified;
       ``(cc) only minimal charges may be imposed on any small 
     business concern to cover the direct costs of providing the 
     assistance;
       ``(dd) the Administration may provide to the cosponsorship 
     mailing labels, but not lists of names and addresses of small 
     business concerns compiled by the Administration;
       ``(ee) all printed materials containing the names of both 
     the Administration and the cosponsor shall include a 
     prominent disclaimer that the cooperation does not constitute 
     or imply an endorsement by the Administration of any product 
     or service of the cosponsor; and
       ``(ff) the Administration shall ensure that it receives 
     appropriate recognition in all cosponsorship printed 
     materials.''.

       (b) Extension of Cosponsorship Authority.--Section 
     401(a)(2) of the Small Business Administration 
     Reauthorization and Amendments Act of 1994 (15 U.S.C. 637 
     note) is amended by striking ``September 30, 2000'' and 
     inserting ``September 30, 2003''.

                       TITLE VI--HUBZONE PROGRAM

                 Subtitle A--HUBZones in Native America

     SEC. 601. SHORT TITLE.

       This subtitle may be cited as the ``HUBZones in Native 
     America Act of 2000''.

     SEC. 602. HUBZONE SMALL BUSINESS CONCERN.

       Section 3(p)(3) of the Small Business Act (15 U.S.C. 
     632(p)(3)) is amended to read as follows:
       ``(3) Hubzone small business concern.--The term `HUBZone 
     small business concern' means--
       ``(A) a small business concern that is owned and controlled 
     by 1 or more persons, each of whom is a United States 
     citizen;
       ``(B) a small business concern that is--
       ``(i) an Alaska Native Corporation owned and controlled by 
     Natives (as determined pursuant to section 29(e)(1) of the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1626(e)(1))); 
     or
       ``(ii) a direct or indirect subsidiary corporation, joint 
     venture, or partnership of an Alaska Native Corporation 
     qualifying pursuant to section 29(e)(1) of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1626(e)(1)), if that 
     subsidiary, joint venture, or partnership is owned and 
     controlled by Natives (as determined pursuant to section 
     29(e)(2)) of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1626(e)(2))); or
       ``(C) a small business concern--
       ``(i) that is wholly owned by 1 or more Indian tribal 
     governments, or by a corporation that is wholly owned by 1 or 
     more Indian tribal governments; or
       ``(ii) that is owned in part by 1 or more Indian tribal 
     governments, or by a corporation that is wholly owned by 1 or 
     more Indian tribal governments, if all other owners are 
     either United States citizens or small business concerns.''.

     SEC. 603. QUALIFIED HUBZONE SMALL BUSINESS CONCERN.

       (a) In General.--Section 3(p)(5)(A)(i) of the Small 
     Business Act (15 U.S.C. 632(p)(5)(A)(i)) is amended by 
     striking subclauses (I) and (II) and inserting the following:

       ``(I) it is a HUBZone small business concern--

       ``(aa) pursuant to subparagraph (A) or (B) of paragraph 
     (3), and that its principal office is located in a HUBZone 
     and not fewer than 35 percent of its employees reside in a 
     HUBZone; or
       ``(bb) pursuant to paragraph (3)(C), and not fewer than 35 
     percent of its employees engaged in performing a contract 
     awarded to the small business concern on the basis of a 
     preference provided under section 31(b) reside within any 
     Indian reservation governed by 1 or more of the tribal 
     government owners, or reside within any HUBZone adjoining any 
     such Indian reservation;

       ``(II) the small business concern will attempt to maintain 
     the applicable employment percentage under subclause (I) 
     during the performance of any contract awarded to the small 
     business concern on the basis of a preference provided under 
     section 31(b); and''.

       (b) HUBZone Pilot Program for Sparsely Populated Areas.--
     Section 3(p)(5) of the Small Business Act (15 U.S.C. 
     632(p)(5)) is amended by adding at the end the following:
       ``(E) HUBZone pilot program for sparsely populated areas.--
       ``(i) In general.--Notwithstanding subparagraph 
     (A)(i)(I)(aa), during the period beginning on the date of 
     enactment of the Small Business Reauthorization Act of 2000 
     and ending on September 30, 2003, a small business concern, 
     the principal office of which is located in the State of 
     Alaska, an Alaska Native Corporation under paragraph 
     (3)(B)(i), or a direct or indirect subsidiary, joint venture, 
     or partnership under paragraph (3)(B)(ii) shall be considered 
     to be a qualified HUBZone small business concern if--

       ``(I) its principal office is located within a HUBZone 
     within the State of Alaska;
       ``(II) not fewer than 35 percent of its employees who will 
     be engaged in performing a contract awarded to it on the 
     basis of a preference provided under section 31(b) will 
     perform their work in any HUBZone located within the State of 
     Alaska; or
       ``(III) not fewer than 35 percent of its employees reside 
     in a HUBZone located within the State of Alaska or in any 
     Alaska Native Village within the State of Alaska.

       ``(ii) Exception.--

       ``(I) In general.--Clause (i) shall not apply in any fiscal 
     year following a fiscal year in which the total amount of 
     contract dollars awarded in furtherance of the contracting

[[Page S9628]]

     goals established under section 15(g)(1) to small business 
     concerns located within the State of Alaska is equal to more 
     than 2 percent of the total amount of such contract dollars 
     awarded to all small business concerns nationally, based on 
     data from the Federal Procurement Data System.
       ``(II) Limitation.--Subclause (I) shall not be construed to 
     disqualify a HUBZone small business concern from performing a 
     contract awarded to it on the basis of a preference provided 
     under section 31(b), if such concern was qualified under 
     clause (i) at the time at which the contract was awarded.''.

       (c) Clarifying Amendment.--Section 3(p)(5)(D)(i) of the 
     Small Business Act (15 U.S.C. 632(p)(5)(D)(i)) is amended by 
     inserting ``once the Administrator has made the certification 
     required by subparagraph (A)(i) regarding a qualified HUBZone 
     small business concern and has determined that subparagraph 
     (A)(ii) does not apply to that concern,'' before ``include''.

     SEC. 604. OTHER DEFINITIONS.

       Section 3(p) of the Small Business Act (15 U.S.C. 632(p)) 
     is amended by adding at the end the following:
       ``(6) Native american small business concerns.--
       ``(A) Alaska native corporation.--The term `Alaska Native 
     Corporation' has the same meaning as the term `Native 
     Corporation' in section 3 of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1602).
       ``(B) Alaska native village.--The term `Alaska Native 
     Village' has the same meaning as the term `Native village' in 
     section 3 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1602).
       ``(C) Indian reservation.--The term `Indian reservation'--
       ``(i) has the same meaning as the term `Indian country' in 
     section 1151 of title 18, United States Code, except that 
     such term does not include--

       ``(I) any lands that are located within a State in which a 
     tribe did not exercise governmental jurisdiction on the date 
     of enactment of this paragraph, unless that tribe is 
     recognized after that date of enactment by either an Act of 
     Congress or pursuant to regulations of the Secretary of the 
     Interior for the administrative recognition that an Indian 
     group exists as an Indian tribe (part 83 of title 25, Code of 
     Federal Regulations); and
       ``(II) lands taken into trust or acquired by an Indian 
     tribe after the date of enactment of this paragraph if such 
     lands are not located within the external boundaries of an 
     Indian reservation or former reservation or are not 
     contiguous to the lands held in trust or restricted status on 
     that date of enactment; and

       ``(ii) in the State of Oklahoma, means lands that--

       ``(I) are within the jurisdictional areas of an Oklahoma 
     Indian tribe (as determined by the Secretary of the 
     Interior); and
       ``(II) are recognized by the Secretary of the Interior as 
     eligible for trust land status under part 151 of title 25, 
     Code of Federal Regulations (as in effect on the date of 
     enactment of this paragraph).''.

                  Subtitle B--Other HUBZone Provisions

     SEC. 611. DEFINITIONS.

       (a) Qualified Census Tract.--Section 3(p)(4)(A) of the 
     Small Business Act (15 U.S.C. 632(p)(4)(A)) is amended by 
     striking ``(I)''.
       (b) Qualified Nonmetropolitan County.--Section 3(p)(4) of 
     the Small Business Act (15 U.S.C. 632(p)(4)) is amended by 
     striking subparagraph (B) and inserting the following:
       ``(B) Qualified nonmetropolitan county.--The term 
     `qualified nonmetropolitan county' means any county--
       ``(i) that was not located in a metropolitan statistical 
     area (as defined in section 143(k)(2)(B) of the Internal 
     Revenue Code of 1986) at the time of the most recent census 
     taken for purposes of selecting qualified census tracts under 
     section 42(d)(5)(C)(ii) of the Internal Revenue Code of 1986; 
     and
       ``(ii) in which--

       ``(I) the median household income is less than 80 percent 
     of the nonmetropolitan State median household income, based 
     on the most recent data available from the Bureau of the 
     Census of the Department of Commerce; or
       ``(II) the unemployment rate is not less than 140 percent 
     of the Statewide average unemployment rate for the State in 
     which the county is located, based on the most recent data 
     available from the Secretary of Labor.''.

     SEC. 612. ELIGIBLE CONTRACTS.

       (a) Commodities Contracts.--Section 31(b) of the Small 
     Business Act (15 U.S.C. 657a(b)) is amended--
       (1) in paragraph (3)--
       (A) by striking ``In any'' and inserting the following:
       ``(A) In general.--Subject to subparagraph (B), in any''; 
     and
       (B) by adding at the end the following:
       ``(B) Procurement of commodities.--For purchases by the 
     Secretary of Agriculture of agricultural commodities, the 
     price evaluation preference shall be--
       ``(i) 10 percent, for the portion of a contract to be 
     awarded that is not greater than 25 percent of the total 
     volume being procured for each commodity in a single 
     invitation;
       ``(ii) 5 percent, for the portion of a contract to be 
     awarded that is greater than 25 percent, but not greater than 
     40 percent, of the total volume being procured for each 
     commodity in a single invitation; and
       ``(iii) zero, for the portion of a contract to be awarded 
     that is greater than 40 percent of the total volume being 
     procured for each commodity in a single invitation.''; and
       (2) in paragraph (4), by striking ``paragraph (2) or (3)'' 
     and inserting ``this subsection''.
       (b) Definitions.--Section 3(p) of the Small Business Act 
     (15 U.S.C. 632(p)), as amended by this Act, is amended--
       (1) in paragraph (5)(A)(i)(III)--
       (A) in item (aa), by striking ``and'' at the end; and
       (B) by adding at the end the following:
       ``(cc) in the case of a contract for the procurement by the 
     Secretary of Agriculture of agricultural commodities, none of 
     the commodity being procured will be obtained by the prime 
     contractor through a subcontract for the purchase of the 
     commodity in substantially the final form in which it is to 
     be supplied to the Government; and''; and
       (2) by adding at the end the following:
       ``(7) Agricultural commodity.--The term `agricultural 
     commodity' has the same meaning as in section 102 of the 
     Agricultural Trade Act of 1978 (7 U.S.C. 5602).''.

     SEC. 613. HUBZONE REDESIGNATED AREAS.

       Section 3(p) of the Small Business Act (15 U.S.C. 632(p)) 
     is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (B), by striking ``or'' at the end;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(D) redesignated areas.''; and
       (2) in paragraph (4), by adding at the end the following:
       ``(C) Redesignated area.--The term `redesignated area' 
     means any census tract that ceases to be qualified under 
     subparagraph (A) and any nonmetropolitan county that ceases 
     to be qualified under subparagraph (B), except that a census 
     tract or a nonmetropolitan county may be a `redesignated 
     area' only for the 3-year period following the date on which 
     the census tract or nonmetropolitan county ceased to be so 
     qualified.''.

     SEC. 614. COMMUNITY DEVELOPMENT.

       Section 3(p) of the Small Business Act (15 U.S.C. 632(p)), 
     as amended by this Act, is amended--
       (1) in paragraph (3)--
       (A) in subparagraph (B), by striking ``or'' at the end;
       (B) in subparagraph (C), by striking the period at the end 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(D) a small business concern that is--
       ``(i) wholly owned by a community development corporation 
     that has received financial assistance under Part 1 of 
     Subchapter A of the Community Economic Development Act of 
     1981 (42 U.S.C. 9805 et seq.); or
       ``(ii) owned in part by 1 or more community development 
     corporations, if all other owners are either United States 
     citizens or small business concerns.''; and
       (2) in paragraph (5)(A)(i)(I)(aa), by striking 
     ``subparagraph (A) or (B)'' and inserting ``subparagraph (A), 
     (B), or (D)''.

     SEC. 615. REFERENCE CORRECTIONS.

       (a) Section 3.--Section 3(p)(5)(C) of the Small Business 
     Act (15 U.S.C. 632(p)(5)(C)) is amended by striking 
     ``subclause (IV) and (V) of subparagraph (A)(i)'' and 
     inserting ``items (aa) and (bb) of subparagraph 
     (A)(i)(III)''.
       (b) Section 8.--Section 8(d)(4)(D) of the Small Business 
     Act (15 U.S.C. 637(d)(4)(D)) is amended by inserting 
     ``qualified HUBZone small business concerns,'' after ``small 
     business concerns,''.

      TITLE VII--NATIONAL WOMEN'S BUSINESS COUNCIL REAUTHORIZATION

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``National Women's Business 
     Council Reauthorization Act of 2000''.

     SEC. 702. DUTIES OF THE COUNCIL.

       Section 406 of the Women's Business Ownership Act of 1988 
     (15 U.S.C. 631 note) is amended to read as follows:

     ``SEC. 406. DUTIES OF THE COUNCIL.

       ``(a) In General.--The Council shall--
       ``(1) provide advice and counsel to the President and to 
     the Congress on economic matters of importance to women 
     business owners;
       ``(2) promote initiatives designed to increase access to 
     capital and to markets, training and technical assistance, 
     research, resources, and leadership opportunities for and 
     about women business owners;
       ``(3) provide a source of information and a catalyst for 
     action to support women's business development;
       ``(4) promote the implementation of the policy agenda, 
     initiatives and recommendations issued at Summit '98, the 
     National Women's Economic Forum;
       ``(5) review, coordinate, and monitor plans and programs 
     developed in the public and private sectors that affect the 
     ability of women-owned small business concerns to obtain 
     capital and credit;
       ``(6) work with--
       ``(A) the Federal agencies for the purpose of assisting 
     them in meeting the 5 percent women's procurement goal 
     established under section 15(g) of the Small Business Act; 
     and
       ``(B) the private sector in increasing contracting 
     opportunities for women-owned small business concerns;
       ``(7) promote and assist in the development of a women's 
     business census and other statistical surveys of women-owned 
     small business concerns;
       ``(8) support new and ongoing research on women-owned small 
     business concerns;
       ``(9) monitor and promote the plans, programs, and 
     operations of the departments and agencies of the Federal 
     Government that may contribute to the establishment and 
     growth of women's business enterprise;

[[Page S9629]]

       ``(10) develop and promote new initiatives, policies, 
     programs, and plans designed to foster women's business 
     enterprise; and
       ``(11) advise and consult with State and local leaders to 
     develop and implement programs and policies that promote 
     women's business ownership.
       ``(b) Interaction With the Interagency Committee on Women's 
     Business Enterprise.--The Council shall--
       ``(1) advise the Interagency Committee on Women's Business 
     Enterprise (in this section referred to as the `Committee') 
     on matters relating to the activities, functions, and 
     policies of the Committee, as provided in this title; and
       ``(2) meet jointly with the Committee at the discretion of 
     the chairperson of the Council and the chairperson of the 
     Committee, but not less frequently than biannually.
       ``(c) Meetings.--The Council shall meet separately at such 
     times as the Council deems necessary. A majority of the 
     members of the Council shall constitute a quorum for the 
     approval of recommendations or reports issued pursuant to 
     this section.
       ``(d)  Recommendations and Reports .--
       ``(1) In general.--Not later than 90 days after the last 
     day of each fiscal year, the Council shall--
       ``(A) make recommendations for consideration by the 
     Committee; and
       ``(B) submit a report to the President, the Committee, the 
     Administrator, the Committee on Small Business of the Senate, 
     and the Committee on Small Business of the House of 
     Representatives, as described in paragraph (2).
       ``(2) Contents of reports.--The reports required by 
     paragraph (1) shall contain--
       ``(A) a detailed description of the activities of the 
     Council during the preceding fiscal year, including a status 
     report on the progress of the Council toward meeting its 
     duties under subsections (a);
       ``(B) the findings, conclusions, and recommendations of the 
     Council; and
       ``(C) the recommendations of the Council for such 
     legislation and administrative actions as the Council 
     considers to be appropriate to promote the development of 
     small business concerns owned and controlled by women.
       ``(e) Separate Submissions.--The Administrator shall submit 
     any additional, concurring, or dissenting views or 
     recommendations to the President, the Committee, and the 
     Congress separately from any recommendations or report 
     submitted by the Council under this section.''.

     SEC. 703. MEMBERSHIP OF THE COUNCIL.

       Section 407 of the Women's Business Ownership Act of 1988 
     (15 U.S.C. 631 note) is amended--
       (1) in subsection (a), by striking ``Not later'' and all 
     that follows through ``the President'' and inserting ``The 
     President'';
       (2) in subsection (b)--
       (A) by striking ``Not later'' and all that follows through 
     ``the Administrator'' and inserting ``The Administrator''; 
     and
       (B) by striking ``the Assistant Administrator of the Office 
     of Women's Business Ownership and'';
       (3) in subsection (d), by striking ``, except that'' and 
     all that follows through the end of the subsection and 
     inserting a period; and
       (4) in subsection (h), by striking ``Not later'' and all 
     that follows through ``the Administrator'' and inserting 
     ``The Administrator''.

     SEC. 704. REPEAL OF PROCUREMENT PROJECT; STATE AND LOCAL 
                   ECONOMIC NETWORKS.

       Section 409 of the Women's Business Ownership Act of 1988 
     (15 U.S.C. 631 note) is amended to read as follows:

     ``SEC. 409. STATE AND LOCAL ECONOMIC NETWORKS.

       ``The Council shall work with State and local officials and 
     business leaders to develop the infrastructure for women's 
     business enterprise for the purpose of increasing women's 
     effectiveness in shaping the economic agendas of their States 
     and communities.''.

     SEC. 705. STUDIES AND OTHER RESEARCH.

       Section 410 of the Women's Business Ownership Act of 1988 
     (15 U.S.C. 631 note) is amended to read as follows:

     ``SEC. 410. STUDIES, OTHER RESEARCH, AND ISSUE INITIATIVES.

       ``(a) In General.--
       ``(1) Authority.--The Council may, as it determines to be 
     appropriate, conduct such studies, research, and issue 
     initiatives relating to--
       ``(A) the award of Federal, State, local, and private 
     sector prime contracts and subcontracts to women-owned 
     businesses; and
       ``(B) access to credit and investment capital by women 
     entrepreneurs and business development assistance programs, 
     including the identification of best practices.
       ``(2) Purposes.--Studies, research, and issue initiatives 
     may be conducted under paragraph (1) for purposes including--
       ``(A) identification of several focused outreach 
     initiatives in nontraditional industry sectors for the 
     purpose of increasing contract awards to women in those 
     areas;
       ``(B) supporting the growth and proliferation of programs 
     designed to prepare women to successfully access the equity 
     capital markets;
       ``(C) continuing to identify and report on financial best 
     practices that have worked to increase credit and capital 
     availability to women business owners; and
       ``(D) working with Women's Business Centers to develop 
     programs and coordinate activities.
       ``(b) Contract Authority.--In conducting any study or other 
     research under this section, the Council may contract with 1 
     or more public or private entities.''.

     SEC. 706. AUTHORIZATION OF APPROPRIATIONS.

       Section 411 of the Women's Business Ownership Act of 1988 
     (15 U.S.C. 631 note) is amended to read as follows:

     ``SEC. 411. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There is authorized to be appropriated 
     to carry out this title $1,000,000, for each of fiscal years 
     2001 through 2003, of which $550,000 shall be available in 
     each such fiscal year to carry out sections 409 and 410.
       ``(b) Budget Review.--No amount made available under this 
     section for any fiscal year may be obligated or expended by 
     the Council before the date on which the Council reviews and 
     approves the operating budget of the Council to carry out the 
     responsibilities of the Council for that fiscal year.''.

                  TITLE VIII--MISCELLANEOUS PROVISIONS

     SEC. 801. LOAN APPLICATION PROCESSING.

       (a) Study.--The Administrator of the Small Business 
     Administration shall conduct a study to determine the average 
     time that the Administration requires to process an 
     application for each type of loan or loan guarantee made 
     under the Small Business Act (15 U.S.C. 631 et seq.).
       (b) Transmittal.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall transmit to 
     Congress the results of the study conducted under subsection 
     (a).

     SEC. 802. APPLICATION OF OWNERSHIP REQUIREMENTS.

       (a) Small Business Act.--Section 7(a) of the Small Business 
     Act (15 U.S.C. 636(a)) is amended by adding at the end the 
     following:
       ``(29) Ownership requirements.--Ownership requirements to 
     determine the eligibility of a small business concern that 
     applies for assistance under any credit program under this 
     Act shall be determined without regard to any ownership 
     interest of a spouse arising solely from the application of 
     the community property laws of a State for purposes of 
     determining marital interests.''.
       (b) Small Business Investment Act of 1958.--Section 502 of 
     the Small Business Investment Act of 1958 (15 U.S.C. 696) is 
     amended by adding at the end the following:
       ``(6) Ownership requirements.--Ownership requirements to 
     determine the eligibility of a small business concern that 
     applies for assistance under any credit program under this 
     title shall be determined without regard to any ownership 
     interest of a spouse arising solely from the application of 
     the community property laws of a State for purposes of 
     determining marital interests.''.

     SEC. 803. SUBCONTRACTING PREFERENCE FOR VETERANS.

       Section 8(d) of the Small Business Act (15 U.S.C. 637(d)) 
     is amended--
       (1) in paragraph (1), by inserting ``small business 
     concerns owned and controlled by veterans,'' after ``small 
     business concerns,'' the first place that term appears in 
     each of the first and second sentences;
       (2) in paragraph (3)--
       (A) in subparagraph (A), by inserting ``small business 
     concerns owned and controlled by service-disabled veterans,'' 
     after ``small business concerns owned and controlled by 
     veterans,'' in each of the first and second sentences; and
       (B) in subparagraph (F), by inserting ``small business 
     concern owned and controlled by service-disabled veterans,'' 
     after ``small business concern owned and controlled by 
     veterans,''; and
       (3) in each of paragraphs (4)(D), (4)(E), (6)(A), (6)(C), 
     (6)(F), and (10)(B), by inserting ``small business concerns 
     owned and controlled by service-disabled veterans,'' after 
     ``small business concerns owned and controlled by 
     veterans,''.

     SEC. 804. SMALL BUSINESS DEVELOPMENT CENTER PROGRAM FUNDING.

       (a) Authorization.--
       (1) In general.--Section 20(a)(1) of the Small Business Act 
     (15 U.S.C. 631 note) is amended by striking ``For fiscal year 
     1985'' and all that follows through ``expended.'' and 
     inserting the following: ``For fiscal year 2000 and each 
     fiscal year thereafter, there are authorized to be 
     appropriated such sums as may be necessary and appropriate, 
     to remain available until expended, and to be available 
     solely--
       ``(A) to carry out the Small Business Development Center 
     Program under section 21, but not to exceed the annual 
     funding level, as specified in section 21(a);
       ``(B) to pay the expenses of the National Small Business 
     Development Center Advisory Board, as provided in section 
     21(i);
       ``(C) to pay the expenses of the information sharing 
     system, as provided in section 21(c)(8);
       ``(D) to pay the expenses of the association referred to in 
     section 21(a)(3)(A) for conducting the certification program, 
     as provided in section 21(k)(2); and
       ``(E) to pay the expenses of the Administration, including 
     salaries of examiners, for conducting examinations as part of 
     the certification program conducted by the association 
     referred to in section 21(a)(3)(A).''.
       (2) Technical amendment.--Section 20(a) of the Small 
     Business Act (15 U.S.C. 631 note) is amended by moving the 
     margins of paragraphs (3) and (4), including subparagraphs 
     (A) and (B) of paragraph (4), 2 ems to the left.
       (b) Funding Formula.--Section 21(a)(4)(C) of the Small 
     Business Act (15 U.S.C. 648(a)(4)(C)) is amended to read as 
     follows:

[[Page S9630]]

       ``(C) Funding formula.--
       ``(i) In general.--Subject to clause (iii), the amount of a 
     formula grant received by a State under this subparagraph 
     shall be equal to an amount determined in accordance with the 
     following formula:
       ``(I) The annual amount made available under section 20(a) 
     for the Small Business Development Center Program, less any 
     reductions made for expenses authorized by clause (v) of this 
     subparagraph, shall be divided on a pro rata basis, based on 
     the percentage of the population of each State, as compared 
     to the population of the United States.
       ``(II) If the pro rata amount calculated under subclause 
     (I) for any State is less than the minimum funding level 
     under clause (iii), the Administration shall determine the 
     aggregate amount necessary to achieve that minimum funding 
     level for each such State.
       ``(III) The aggregate amount calculated under subclause 
     (II) shall be deducted from the amount calculated under 
     subclause (I) for States eligible to receive more than the 
     minimum funding level. The deductions shall be made on a pro 
     rata basis, based on the population of each such State, as 
     compared to the total population of all such States.
       ``(IV) The aggregate amount deducted under subclause (III) 
     shall be added to the grants of those States that are not 
     eligible to receive more than the minimum funding level in 
     order to achieve the minimum funding level for each such 
     State, except that the eligible amount of a grant to any 
     State shall not be reduced to an amount below the minimum 
     funding level.
       ``(ii) Grant determination.--The amount of a grant that a 
     State is eligible to apply for under this subparagraph shall 
     be the amount determined under clause (i), subject to any 
     modifications required under clause (iii), and shall be based 
     on the amount available for the fiscal year in which 
     performance of the grant commences, but not including amounts 
     distributed in accordance with clause (iv). The amount of a 
     grant received by a State under any provision of this 
     subparagraph shall not exceed the amount of matching funds 
     from sources other than the Federal Government, as required 
     under subparagraph (A).
       ``(iii) Minimum funding level.--The amount of the minimum 
     funding level for each State shall be determined for each 
     fiscal year based on the amount made available for that 
     fiscal year to carry out this section, as follows:
       ``(I) If the amount made available is not less than 
     $81,500,000 and not more than $90,000,000, the minimum 
     funding level shall be $500,000.
       ``(II) If the amount made available is less than 
     $81,500,000, the minimum funding level shall be the remainder 
     of $500,000 minus a percentage of $500,000 equal to the 
     percentage amount by which the amount made available is less 
     than $81,500,000.
       ``(III) If the amount made available is more than 
     $90,000,000, the minimum funding level shall be the sum of 
     $500,000 plus a percentage of $500,000 equal to the 
     percentage amount by which the amount made available exceeds 
     $90,000,000.
       ``(iv) Distributions.--Subject to clause (iii), if any 
     State does not apply for, or use, its full funding 
     eligibility for a fiscal year, the Administration shall 
     distribute the remaining funds as follows:
       ``(I) If the grant to any State is less than the amount 
     received by that State in fiscal year 2000, the 
     Administration shall distribute such remaining funds, on a 
     pro rata basis, based on the percentage of shortage of each 
     such State, as compared to the total amount of such remaining 
     funds available, to the extent necessary in order to increase 
     the amount of the grant to the amount received by that State 
     in fiscal year 2000, or until such funds are exhausted, 
     whichever first occurs.
       ``(II) If any funds remain after the application of 
     subclause (I), the remaining amount may be distributed as 
     supplemental grants to any State, as the Administration 
     determines, in its discretion, to be appropriate, after 
     consultation with the association referred to in subsection 
     (a)(3)(A).
       ``(v) Use of amounts.--
       ``(I) In general.--Of the amounts made available in any 
     fiscal year to carry out this section--

       ``(aa) not more than $500,000 may be used by the 
     Administration to pay expenses enumerated in subparagraphs 
     (B) through (D) of section 20(a)(1); and
       ``(bb) not more than $500,000 may be used by the 
     Administration to pay the examination expenses enumerated in 
     section 20(a)(1)(E).

       ``(II) Limitation.--No funds described in subclause (I) may 
     be used for examination expenses under section 20(a)(1)(E) if 
     the usage would reduce the amount of grants made available 
     under clause (i)(I) of this subparagraph to less than 
     $85,000,000 (after excluding any amounts provided in 
     appropriations Acts for specific institutions or for purposes 
     other than the general small business development center 
     program) or would further reduce the amount of such grants 
     below such amount.
       ``(vi) Exclusions.--Grants provided to a State by the 
     Administration or another Federal agency to carry out 
     subsection (a)(6) or (c)(3)(G), or for supplemental grants 
     set forth in clause (iv)(II) of this subparagraph, shall not 
     be included in the calculation of maximum funding for a State 
     under clause (ii) of this subparagraph.
       ``(vii) Authorization of appropriations.--There is 
     authorized to be appropriated to carry out this subparagraph 
     $125,000,000 for each of fiscal years 2001, 2002, and 2003.
       ``(viii) State defined.--In this subparagraph, the term 
     `State' means each of the several States, the District of 
     Columbia, the Commonwealth of Puerto Rico, the Virgin 
     Islands, Guam, and American Samoa.''.

     SEC. 805. SURETY BONDS.

       (a) Contract Amounts.--Section 411 of the Small Business 
     Investment Act of 1958 (15 U.S.C. 694b) is amended--
       (1) in subsection (a)(1), by striking ``$1,250,000'' and 
     inserting ``$2,000,000''; and
       (2) in subsection (e)(2), by striking ``$1,250,000'' and 
     inserting ``$2,000,000''.
       (b) Extension of Certain Authority.--Section 207 of the 
     Small Business Administration Reauthorization and Amendment 
     Act of 1988 (15 U.S.C. 694b note) is amended by striking 
     ``2000'' and inserting ``2003''.

     SEC. 806. SIZE STANDARDS.

       (a) Industry Classifications.--Section 15(a) of the Small 
     Business Act (15 U.S.C. 644(a)) is amended in the eighth 
     sentence, by striking ``four-digit standard'' and all that 
     follows through ``published'' and inserting ``definition of a 
     `United States industry' under the North American Industry 
     Classification System, as established''.
       (b) Annual Receipts.--Section 3(a)(1) of the Small Business 
     Act (15 U.S.C. 632(a)(1)) is amended by striking ``$500,000'' 
     and inserting ``$750,000''.
       (c) Certain Packing Houses.--
       (1) In general.--Section 3(a)(1) of the Small Business Act 
     (15 U.S.C. 632(a)(1)) is amended by inserting before the 
     period the following: ``and, in the case of an enterprise 
     that is a fresh fruit and vegetable packing house, has not 
     more than 200 employees''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to any application to the Small Business 
     Administration for emergency or disaster loan assistance that 
     was pending on or after April 1, 1999.

     SEC. 807. NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT CENTERS.

       (a) In General.--The Small Business Act (15 U.S.C. 631 et 
     seq.) is amended by inserting after section 21A the 
     following:

     ``SEC. 21B. NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT CENTER 
                   NETWORK.

       ``(a) Definitions.--In this section--
       ``(1) the term `Alaska Native' means a Native (as such term 
     is defined in section 3(b) of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1602(b)));
       ``(2) the term `Indian tribe' has the same meaning as in 
     section 4(e) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b(e));
       ``(3) the terms `Native American Small Business Development 
     Center Network' and `Network' mean 1 lead center small 
     business development center with satellite locations located 
     on Alaska Native, Indian, or Native Hawaiian lands;
       ``(4) the terms `Native Hawaiian' and `Native Hawaiian 
     Organization' have the same meanings as in paragraphs (1) and 
     (3), respectively, of section 9212 of the Native Hawaiian 
     Education Act (20 U.S.C. 7912) and section 8(a)(15) of this 
     Act;
       ``(5) the term `Indian lands' includes lands within the 
     definition of--
       ``(A) the term `Indian country', as defined in section 1151 
     of title 18, United States Code; and
       ``(B) the term `reservation', as defined in--
       ``(i) section 3(d) of the Indian Financing Act of 1974 (25 
     U.S.C. 1452(d)), except that such section shall be applied by 
     treating the term `former Indian reservations in Oklahoma' as 
     including only lands that are within the jurisdictional area 
     of an Oklahoma Indian Tribe (as determined by the Secretary 
     of the Interior) and are recognized by the Secretary of the 
     Interior as eligible for trust land status under part 151 of 
     title 25, Code of Federal Regulations, as in effect on the 
     date of enactment of this section; and
       ``(ii) section 4(10) of the Indian Child Welfare Act (25 
     U.S.C. 1903(10));
       ``(6) the term `Tribal Business Information Center' means a 
     business information center established by the Administration 
     and a tribal organization on Alaska Native, Indian, or Native 
     Hawaiian lands, as authorized by this section;
       ``(7) the terms `Tribal Electronic Commerce Small Business 
     Resource Center' and `Resource Center' mean an information 
     sharing system and resource center providing research and 
     resources to the Network, as authorized by this section; and
       ``(8) the term `tribal organization' has the same meaning 
     as in section 4(1) of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b(1)), except for the 
     proviso contained in that paragraph, and includes Native 
     Hawaiian Organizations and organizations of Alaska Natives.
       ``(b) Authority for Network.--
       ``(1) In general.--The Administration may establish a 
     Native American Small Business Development Center Network and 
     a Tribal Electronic Commerce Small Business Resource Center.
       ``(2) Purpose.--The purpose of the Network shall be to 
     stimulate Alaska Native, Indian, and Native Hawaiian 
     economies through the creation and expansion of small 
     businesses.
       ``(3) Establishment.--The Administration may provide 1 or 
     more contracts, grants, and cooperative agreements to any 
     established tribal organization to establish the Network and 
     the Resource Center. Awards made under this section may be 
     subgranted.

[[Page S9631]]

       ``(c) Uses of Assistance.--Services provided by the Network 
     shall include--
       ``(1) providing current business management and technical 
     assistance in a cost-effective and culturally tailored manner 
     that primarily serves Alaska Natives, members of Indian 
     tribes, or Native Hawaiians;
       ``(2) providing Tribal Business Information Centers with 
     current electronic commerce information, training, and other 
     forms of technical assistance;
       ``(3) supporting the Resource Center; and
       ``(4) providing any of the services that a small business 
     development center may provide under section 21.
       ``(d) Grant and Cooperative Agreement Matching 
     Requirement.--
       ``(1) In general.--As a condition for receiving a contract, 
     grant, or cooperative agreement authorized by this section, 
     the recipient organization shall agree to obtain, after its 
     application has been approved and notice of award has been 
     issued, cash or in kind contributions from non-Federal 
     sources as follows:
       ``(A) One non-Federal dollar for each 4 Federal dollars in 
     the first and second years of the term of the assistance.
       ``(B) One non-Federal dollar for each 3 Federal dollars in 
     the third and fourth years of the term of the assistance.
       ``(C) One non-Federal dollar for each Federal dollar in the 
     fifth and succeeding years of the term of the assistance.
       ``(2) Waiver.--The Administration may waive or reduce the 
     matching funds requirements in paragraph (1) with respect to 
     a recipient organization if the Administration determines 
     that such action is consistent with the purposes of this 
     section and in the best interests of the program authorized 
     by this section.
       ``(3) Exception.--The matching funds requirement of 
     paragraph (1) does not apply to contracts, grants, or 
     cooperative agreements made to a tribal organization for the 
     Resource Center.
       ``(e) Authorization.--There is authorized to be 
     appropriated--
       ``(1) to carry out this section, $3,000,000 for fiscal year 
     2001 and each subsequent fiscal year; and
       ``(2) to fund the establishment and implementation of one 
     Resource Center under the authority of this section, $500,000 
     for fiscal year 2001 and each subsequent fiscal year.''.
       (b) Native Hawaiian Organizations Under Section 8(a).--
     Section 8(a)(15)(A) of the Small Business Act (15 U.S.C. 
     637(a)(15)(A)) is amended to read as follows:
       ``(A) is a nonprofit corporation that has filed articles of 
     incorporation with the director (or the designee thereof) of 
     the Hawaii Department of Commerce and Consumer Affairs, or 
     any successor agency,''.

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