[Congressional Record Volume 151, Number 114 (Tuesday, September 13, 2005)]
[Senate]
[Pages S9990-S9994]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1695. Mr. KERRY (for himself, Ms. Landrieu and Mr. Kennedy) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2862, making appropriations for Science, the Departments of State, 
Justice, and Commerce, and related agencies for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title V, add the following:

     SEC. 5___. SMALL BUSINESS EMERGENCY RELIEF.

       (a) Definitions.--As used in this section--
       (1) the term ``covered loan'' means a loan or loan 
     guarantee by the Administration--
       (A) under section 7(a) of the Small Business Act or section 
     503 of the Small Business Investment Act of 1958; and
       (B) to a small business concern that--
       (i) is located in a disaster area; and
       (ii) has been adversely affected by Hurricane Katrina;
       (2) the term ``disaster area'' means an area declared as a 
     disaster area as a result of Hurricane Katrina of August 
     2005;
       (3) the term ``small business concern'' has the same 
     meaning as in section 3 of the Small Business Act; and
       (4) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively.
       (b) Temporary Deferment of Principal and Interest on 
     Disaster Loans.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Administration shall, during the 2-year period 
     following the date of issuance of a loan issued under section 
     7(b) of the Small Business Act related to Hurricane Katrina, 
     defer payments of principal and interest on the loan (and no 
     interest shall accrue thereon during such period).
       (2) Resumption of payments.--Unless the Administrator finds 
     an extension necessary or appropriate, at the end of the 2-
     year period described in paragraph (1), the payment of 
     periodic installments of principal and interest shall be 
     required with respect to a loan issued under section 7(b) of 
     the Small Business Act, in the same manner and subject to the 
     same terms and conditions as would otherwise be applicable to 
     such loan.
       (c) Disaster Loans Following Hurricane Katrina.--
       (1) In general.--Section 7(b) of the Small Business Act (15 
     U.S.C. 636(b)) is amended by inserting immediately before the 
     undesignated material following paragraph (3) the following:
       ``(4) Disaster loans after hurricane katrina.--
       ``(A) Refinancing disaster loans.--
       ``(i) In general.--Any loan made under this subsection that 
     was outstanding as to principal or interest on August 24, 
     2005, may be refinanced by a small business concern that is 
     located in an area designated as a disaster area as a result 
     of Hurricane Katrina of 2005 (in this paragraph referred to 
     as the `disaster area') and that is adversely affected by 
     Hurricane Katrina, and the refinanced amount shall be 
     considered to be part of a new loan for purposes of this 
     subparagraph.
       ``(ii) No effect on eligibility.--A refinancing under 
     clause (i) by a small business concern shall be in addition 
     to any other loan eligibility for that small business concern 
     under this Act.
       ``(B) Refinancing business debt.--
       ``(i) In general.--Any business debt of a small business 
     concern that was outstanding as to principal or interest on 
     August 24, 2005, may be refinanced by the small business 
     concern if it is located (or was located on August 24, 2005) 
     in a disaster area and was adversely affected by Hurricane 
     Katrina. With respect to a refinancing under this clause, 
     payments of principal may be deferred, and interest may 
     accrue, during the 1-year period following the date of 
     refinancing.
       ``(ii) Resumption of payments.--At the end of the 1-year 
     period described in clause (i), the payment of periodic 
     installments of principal and interest on a refinancing under 
     clause (i) shall be required with respect to such 
     refinancing, in the same manner and subject to the same terms 
     and conditions as would otherwise be applicable to any other 
     loan made under this subsection.
       ``(C) Terms.--A loan under this paragraph shall be made at 
     the same interest rate as economic injury loans under 
     paragraph (2). Any reasonable doubt concerning the repayment 
     ability of an applicant under this paragraph shall be 
     resolved in favor of the applicant.
       ``(5) Increased loan caps.--
       ``(A) Aggregate loan amounts.--Except as provided in 
     subparagraph (B), and in addition to amounts otherwise 
     authorized by this Act, the loan amount outstanding and 
     committed to a borrower under this subsection may not exceed 
     $10,000,000, with respect to a small business concern that is 
     located in an area designated as a disaster area following 
     Hurricane Katrina of August 2005, and that has been adversely 
     affected by Hurricane Katrina.
       ``(B) Waiver authority.--The Administrator may, at the 
     discretion of the Administrator, waive the aggregate loan 
     amount established under subparagraph (A).
       ``(6) Extended application period for hurricane katrina 
     assistance.--Notwithstanding any other provision of law, the 
     Administrator shall accept applications for a loan under this 
     subsection by a small business concern that is located in an 
     area designated as a disaster area as a result of Hurricane 
     Katrina and that has been adversely affected by Hurricane 
     Katrina, until 1 year after the date on which the area was 
     designated as a disaster area.
       ``(7) Limitation on sales of loans.--No loan under this 
     subsection, made as a result of Hurricane Katrina, may be 
     sold.''.
       (2) Clerical amendments.--Section 7(b) of the Small 
     Business Act (15 U.S.C. 636(b)) is amended in the 
     undesignated matter at the end--
       (A) by striking ``, (2), and (4)'' and inserting ``and 
     (2)''; and
       (B) by striking ``, (2), or (4)'' and inserting ``(2)''.
       (3) Disaster loan additional amounts.--In addition to any 
     other amounts otherwise appropriated for such purpose, there 
     is authorized to be appropriated to the Administration 
     $117,000,000, to make covered loans under section 7(b) of the 
     Small Business Act.
       (d) Assumption of Payments for Existing SBA Loans.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Administration shall, in the case of a covered loan 
     issued before the date of enactment of this Act, make all 
     periodic payments, including interest, with respect to such 
     covered loan on behalf of the borrower during the time period 
     described in paragraph (2).
       (2) Time period.--The time period under paragraph (1) shall 
     begin on the date of enactment of this Act and end on the 
     earlier of the date on which the Administration determines 
     the borrower can resume making payments or the date that is 2 
     years after the date of enactment of this Act.
       (3) Resumption of payments.--Unless the Administrator finds 
     an extension necessary or appropriate, at the end of the time 
     period described in paragraph (2), no further payments shall 
     be made on behalf of the borrower with respect to a covered 
     loan.
       (e) Supplemental Emergency Loans.--Section 7(a) of the 
     Small Business Act (15

[[Page S9991]]

     U.S.C. 636(a)) is amended by adding at the end the following:
       ``(32) Supplemental emergency loans after hurricane 
     katrina.--
       ``(A) Loan authority.--In addition to any other loan 
     authorized by this subsection, the Administrator shall make 
     such loans under this subsection (either directly or in 
     cooperation with banks or other lending institutions through 
     agreements to participate on an immediate or deferred basis) 
     as the Administrator determines appropriate to a small 
     business concern adversely affected by Hurricane Katrina, 
     subject to subparagraph (B).
       ``(B) Oversight protections.--In making any loan under 
     subparagraph (A)--
       ``(i) the borrower shall be made aware that such loans are 
     for those adversely affected by Hurricane Katrina; and
       ``(ii) for loans made in cooperation with a bank or other 
     lending institution--

       ``(I) lenders shall document for the Administrator how the 
     borrower was adversely affected by Hurricane Katrina, whether 
     directly, or indirectly; and
       ``(II) not later than 6 months after the date of enactment 
     of this paragraph, and every 6 months thereafter until the 
     date that is 18 months after the date of enactment of this 
     paragraph, the Administrator shall make a report regarding 
     such loans to the Committee on Small Business and 
     Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives, including 
     verification that such loans are being used for purposes 
     authorized by this paragraph.

       ``(C) Fees.--
       ``(i) In general.--Notwithstanding any other provision of 
     law, the Administrator shall, in lieu of the fee established 
     under paragraph (23)(A), collect an annual fee of 0.25 
     percent of the outstanding balance of deferred participation 
     loans made under this subsection to qualified borrowers for a 
     period of 2 years after the date of enactment of this 
     paragraph.
       ``(ii) Guarantee fees.--Notwithstanding any other provision 
     of law, the guarantee fee under paragraph (18)(A) for a 
     period of 2 years after the date of enactment of this 
     subparagraph shall be as follows:

       ``(I) A guarantee fee equal to 1 percent of the deferred 
     participation share of a total loan amount that is not more 
     than $150,000.
       ``(II) A guarantee fee equal to 2.5 percent of the deferred 
     participation share of a total loan amount that is more than 
     $150,000, but not more 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.''.

       (f) Lowering of Fees.--
       (1) Appropriated amount.--There is authorized to be 
     appropriated to the Administration $80,000,000, to remain 
     available until expended, to carry out section 7(a)(23) of 
     the Small Business Act, as amended by this subsection.
       (2) Fees.--Section 7(a)(23) of the Small Business Act (15 
     U.S.C. 636(a)(23)) is amended by striking subparagraph (C) 
     and inserting the following:
       ``(C) Lowering of fees.--
       ``(i) In general.--Subject to clauses (ii) and (iii)--

       ``(I) the Administrator shall reduce fees paid by small 
     business borrowers and lenders under clauses (i) through (iv) 
     of paragraph (18)(A) and subparagraph (A) of this paragraph; 
     and
       ``(II) fees paid by small business borrowers and lenders 
     shall not be increased above the levels in effect on the date 
     of enactment of the Consolidated Appropriations Act, 2005.

       ``(ii) Determinations.--A reduction in fees under clause 
     (i) shall occur in any case in which the fees paid by all 
     small business borrowers and by lenders for guarantees under 
     this subsection, or the sum of such fees plus any amount 
     appropriated to carry out this subsection, as applicable, is 
     more than the amount necessary to equal the cost to the 
     Administration of making such guarantees.''.
       (g) Bridge Loans.--There is authorized to be appropriated 
     $400,000,000 to provide, through appropriate government 
     agencies in the affected States of Louisiana, Mississippi, 
     and Alabama, bridge grants and loans to small business 
     concerns that are located in a disaster area and that are 
     adversely affected by Hurricane Katrina, until such business 
     concerns are able to obtain loans through Administration 
     assistance programs or other sources.
       (h) Contracting Protection and Assistance.--
       (1) Hubzones.--
       (A) In general.--Notwithstanding any other provision of 
     law, a small business concern that is located in a disaster 
     area and that has been adversely affected by Hurricane 
     Katrina shall be treated as being located in a HUBZone for 
     purposes of the program under section 31 of the Small 
     Business Act (15 U.S.C. 658).
       (B) Termination.--Subparagraph (A) is repealed effective on 
     the date that is 1 day after the date on which the 
     declaration of the disaster area in response to Hurricane 
     Katrina is lifted.
       (2) Small business participation.--
       (A) In general.--For any contract awarded by the Department 
     of Homeland Security relating to the aftermath of Hurricane 
     Katrina, the Secretary of Homeland Security (in this 
     paragraph referred to as the ``Secretary'') shall--
       (i) afford small business concerns the maximum practicable 
     opportunity to participate in the performance of such 
     contract; and
       (ii) ensure that such contract complies with the 
     subcontracting goals for small business concerns in the Small 
     Business Act and the Federal Acquisition Regulations.
       (B) Local presence.--The Secretary shall make a 
     determination on the advisability of requiring a local 
     presence for small business concerns selected as 
     subcontractors under contracts described in subparagraph (A).
       (C) Goal.--The Secretary shall set a goal of awarding not 
     less than 30 percent of the funds awarded under Federal prime 
     contracts and 40 percent of subcontracts described in 
     paragraph (A) to small business concerns.
       (3) Bonding thresholds.--For any contract awarded by the 
     Department of Homeland Security relating to the aftermath of 
     Hurricane Katrina, the Administrator--
       (A) may, upon such terms and conditions as the 
     Administrator may prescribe, guarantee and enter into 
     commitments to guarantee any surety against loss resulting 
     from a breach of terms of a bid bond, payment bond, 
     performance bond, or bonds ancillary thereto, by a principal 
     on any contract up to $5,000,000; and
       (B) shall ensure such guarantee complies with subsection 
     (a)(4) and subsections (b) through (e) of section 411 of the 
     Small Business Investment Act of 1958 (15 U.S.C. 694b).
       (4) Definition.--In this subsection, the term ``small 
     business concern'' has the same meaning as in section 3 of 
     the Small Business Act (15 U.S.C. 632).
       (i) Authorizations of Appropriations.--
       (1) Special authorizations of appropriations following 
     hurricane katrina.--In addition to any other amounts 
     authorized for any fiscal year, there are authorized to be 
     appropriated to the Administration, to remain available until 
     expended, for fiscal year 2006--
       (A) $21,000,000, to be used for activities of small 
     business development center pursuant to section 21 of the 
     Small Business Act, $15,000,000 of which shall be non-
     matching funds and used to aid and assist small business 
     concerns adversely affected by Hurricane Katrina;
       (B) $2,000,000, to be used for SCORE program authorized by 
     section 8(b)(1) of the Small Business Act, for the activities 
     described in section 8(b)(1)(B)(ii) of that Act, $1,000,000 
     of which shall be used to aid and assist small business 
     concerns adversely affected by Hurricane Katrina;
       (C) $4,500,000, to be used for activities of women's 
     business center authorized by section 29(b)(4) of the Small 
     Business Act and for recipients of a grant under section 
     29(l) of that Act, whose 5-year project ended in fiscal year 
     2004, $2,500,000 of which shall be non-matching funds used to 
     aid and assist small business concerns adversely affected by 
     Hurricane Katrina;
       (D) $1,250,000, to be used for activities of the office of 
     veteran's business development pursuant to section 32 of the 
     Small Business Act, $750,000 of which shall be used to aid 
     and assist small business concerns adversely affected by 
     Hurricane Katrina; and
       (E) $5,000,000, to be used for activities of the microloan 
     program authorized by clauses (ii) and (iii) of section 
     7(m)(1)(B) of the Small Business Act to aid and assist small 
     business concerns adversely affected by Hurricane Katrina.
       (2) Business loan programs.--Section 20(e) of the Small 
     Business Act (15 U.S.C. 631 note) is amended--
       (A) by striking ``$25,050,000,000'' and inserting 
     ``$30,550,000,000''; and
       (B) in paragraph (1)(B)--
       (i) by striking ``$17,000,000,000'' and inserting 
     ``$20,000,000,000''; and
       (ii) by striking ``$7,500,000,000'' and inserting 
     ``$10,000,000,000''.
       (j) Small Business and Farm Energy Emergency Disaster Loan 
     Program.--
       (1) Small business disaster loan authority.--Section 7(b) 
     of the Small Business Act (15 U.S.C. 636(b)) is amended by 
     inserting after paragraph (7), as added by this section, the 
     following:
       ``(8)(A) For purposes of this paragraph--
       ``(i) the term `base price index' means the moving average 
     of the closing unit price on the New York Mercantile Exchange 
     for heating oil, natural gas, gasoline, or propane for the 10 
     days, in each of the most recent 2 preceding years, which 
     correspond to the trading days described in clause (ii);
       ``(ii) the term `current price index' means the moving 
     average of the closing unit price on the New York Mercantile 
     Exchange, for the 10 most recent trading days, for contracts 
     to purchase heating oil, natural gas, gasoline, or propane 
     during the subsequent calendar month, commonly known as the 
     `front month';
       ``(iii) the term `significant increase' means--
       ``(I) with respect to the price of heating oil, natural 
     gas, gasoline, or propane, any time the current price index 
     exceeds the base price index by not less than 40 percent; and
       ``(II) with respect to the price of kerosene, any increase 
     which the Administrator, in consultation with the Secretary 
     of Energy, determines to be significant; and
       ``(iv) a small business concern engaged in the heating oil 
     business is eligible for a loan, if the small business 
     concern sells not more than 10,000,000 gallons of heating oil 
     per year.
       ``(B) The Administration may make such loans, either 
     directly or in cooperation with banks or other lending 
     institutions through agreements to participate on an 
     immediate or deferred basis, to assist a small business

[[Page S9992]]

     concern that has suffered or that is likely to suffer 
     substantial economic injury on or after January 1, 2005, as 
     the result of a significant increase in the price of heating 
     oil, natural gas, gasoline, propane, or kerosene occurring on 
     or after January 1, 2005.
       ``(C) Any loan or guarantee extended pursuant to this 
     paragraph shall be made at the same interest rate as economic 
     injury loans under paragraph (2).
       ``(D) No loan may be made under this paragraph, either 
     directly or in cooperation with banks or other lending 
     institutions through agreements to participate on an 
     immediate or deferred basis, if the total amount outstanding 
     and committed to the borrower under this subsection would 
     exceed $1,500,000, unless such borrower constitutes a major 
     source of employment in its surrounding area, as determined 
     by the Administration, in which case the Administration, in 
     its discretion, may waive the $1,500,000 limitation.
       ``(E) For purposes of assistance under this paragraph--
       ``(i) a declaration of a disaster area based on conditions 
     specified in this paragraph shall be required, and shall be 
     made by the President or the Administrator; or
       ``(ii) if no declaration has been made pursuant to clause 
     (i), the Governor of a State in which a significant increase 
     in the price of heating oil, natural gas, gasoline, propane, 
     or kerosene has occurred may certify to the Administration 
     that small business concerns have suffered economic injury as 
     a result of such increase and are in need of financial 
     assistance which is not otherwise available on reasonable 
     terms in that State, and upon receipt of such certification, 
     the Administration may make such loans as would have been 
     available under this paragraph if a disaster declaration had 
     been issued.
       ``(F) Notwithstanding any other provision of law, loans 
     made under this paragraph may be used by a small business 
     concern described in subparagraph (B) to convert from the use 
     of heating oil, natural gas, gasoline, propane, or kerosene 
     to a renewable or alternative energy source, including 
     agriculture and urban waste, geothermal energy, cogeneration, 
     solar energy, wind energy, or fuel cells.''.
       (2) Conforming amendments.--Section 3(k) of the Small 
     Business Act (15 U.S.C. 632(k)) is amended--
       (A) by inserting ``, significant increase in the price of 
     heating oil, natural gas, gasoline, propane, or kerosene'' 
     after ``civil disorders''; and
       (B) by inserting ``other'' before ``economic''.
       (3) Report.--Not later than 12 months after the date on 
     which the Administrator of the Small Business Administration 
     issues guidelines under subsection (l)(1), and annually 
     thereafter, the Administrator shall submit to the Committee 
     on Small Business and Entrepreneurship of the Senate and the 
     Committee on Small Business of the House of Representatives, 
     a report on the effectiveness of the assistance made 
     available under section 7(b)(8) of the Small Business Act, as 
     added by this subsection, including--
       (A) the number of small business concerns that applied for 
     a loan under such section 7(b)(8) and the number of those 
     that received such loans;
       (B) the dollar value of those loans;
       (C) the States in which the small business concerns that 
     received such loans are located;
       (D) the type of energy that caused the significant increase 
     in the cost for the participating small business concerns; 
     and
       (E) recommendations for ways to improve the assistance 
     provided under such section 7(b)(8), if any.
       (4) Effective date.--The amendments made by this subsection 
     shall apply during the 4-year period beginning on the earlier 
     of the date on which guidelines are published by the 
     Administrator of the Small Business Administration under 
     subsection (l), or 30 days after the date of enactment of 
     this Act, with respect to assistance under section 7(b)(8) of 
     the Small Business Act, as added by this subsection.
       (k) Farm Energy Emergency Relief.--
       (1) In general.--Section 321(a) of the Consolidated Farm 
     and Rural Development Act (7 U.S.C. 1961(a)) is amended--
       (A) in the first sentence--
       (i) by striking ``operations have'' and inserting 
     ``operations (i) have''; and
       (ii) by inserting before ``: Provided,'' the following: ``, 
     or (ii)(I) are owned or operated by such an applicant that is 
     also a small business concern (as defined in section 3 of the 
     Small Business Act (15 U.S.C. 632)), and (II) have suffered 
     or are likely to suffer substantial economic injury on or 
     after January 1, 2005, as the result of a significant 
     increase in energy costs or input costs from energy sources 
     occurring on or after January 1, 2005, in connection with an 
     energy emergency declared by the President or the 
     Secretary'';
       (B) in the third sentence, by inserting before the period 
     at the end the following: ``or by an energy emergency 
     declared by the President or the Secretary''; and
       (C) in the fourth sentence--
       (i) by inserting ``or energy emergency'' after ``natural 
     disaster'' each place that term appears; and
       (ii) by inserting ``or declaration'' after ``emergency 
     designation''.
       (2) Funding.--Funds available on the date of enactment of 
     this Act for emergency loans under subtitle C of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et 
     seq.) shall be available to carry out the amendments made by 
     subparagraph (A) to meet the needs resulting from natural 
     disasters.
       (3) Report.--Not later than 12 months after the date on 
     which the Secretary of Agriculture issues guidelines under 
     subsection (l)(1), and annually thereafter, the Secretary 
     shall submit to the Committee on Small Business and 
     Entrepreneurship and the Committee on Agriculture, Nutrition, 
     and Forestry of the Senate and to the Committee on Small 
     Business and the Committee on Agriculture of the House of 
     Representatives, a report that--
       (A) describes the effectiveness of the assistance made 
     available under section 321(a) of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 1961(a)), as amended by this 
     section; and
       (B) contains recommendations for ways to improve the 
     assistance provided under such section 321(a).
       (4) Effective date.--The amendments made by this subsection 
     shall apply during the 4-year period beginning on the earlier 
     of the date on which guidelines are published by the 
     Secretary of Agriculture under subsection (l), or 30 days 
     after the date of enactment of this Act, with respect to 
     assistance under section 321(a) of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 1961(a)), as amended by this 
     subsection.
       (l) Guidelines and Rulemaking.--
       (1) Guidelines.--Not later than 30 days after the date of 
     enactment of this Act, the Administrator of the Small 
     Business Administration and the Secretary of Agriculture 
     shall each issue guidelines to carry out subsections (j) and 
     (k) and the amendments made thereby, which guidelines shall 
     become effective on the date of their issuance.
       (2) Rulemaking.--Not later than 30 days after the date of 
     enactment of this Act, the Administrator of the Small 
     Business Administration, after consultation with the 
     Secretary of Energy, shall promulgate regulations specifying 
     the method for determining a significant increase in the 
     price of kerosene under section 7(b)(8)(A)(iii)(II) of the 
     Small Business Act (15 U.S.C. 636(b)), as added by subsection 
     (j).
       (m) Emergency Spending.--Appropriations under this section 
     are emergency spending, as provided under section 402 of H. 
     Con. Res. 95 (108th Congress).
       (n) Budgetary Treatment of Loans and Financings.--
       (1) In general.--Assistance made available under any loan 
     made or approved by the Administration under this Act, 
     subsections (a) or (b) of section 7 of the Small Business Act 
     (15 U.S.C. 636(a)), as amended by this Act, except for 
     subsection 7(a)(23)(C), or financings made under title V of 
     the Small Business Investment Act of 1958 (15 U.S.C. 695 et 
     seq.), as amended by this Act, on and after the date of 
     enactment of this Act, shall be treated as separate programs 
     of the Small Business Administration for purposes of the 
     Federal Credit Reform Act of 1990 only.
       (2) Use of funds.--Assistance under this Act and the 
     amendments made by this Act shall be available effective only 
     to the extent that funds are made available under 
     appropriations Acts, which funds shall be utilized to offset 
     the cost (as such term is defined in section 502 of the 
     Federal Credit Reform Act of 1990) of such assistance.
                                 ______
                                 
  SA 1696. Mr. SUNUNU submitted an amendment intended to be proposed by 
him to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 190, after line 14, insert the following:

     SECTION 522. PROTECTION OF HOMES, SMALL BUSINESSES, AND OTHER 
                   PRIVATE PROPERTY RIGHTS.

       (a) Protection of Homes, Small Businesses, and Other 
     Private Property Rights.--A taking or condemnation of any 
     real property under the power of eminent domain pursuant to 
     the Fifth Amendment of the United States Constitution, or 
     under any relevant State constitution, statute, or 
     regulation, shall be only for public use.
       (b) Application.--The requirement under subsection (a) 
     shall apply to all exercises of the power of eminent domain 
     by--
       (1) the Federal Government; or
       (2) any State or local government.
       (c) Denial of Funds.--Any State or local government 
     violating the requirement of subsection (a) shall not be 
     eligible to receive any benefits or assistance from the 
     Economic Development Administration, as that Administration 
     is authorized to provide such benefits and assistance under 
     the Public Works and Economic Development Act of 1965 (42 
     U.S.C. 3121 et seq.).
       (d) Definitions.--In this section:
       (1) Public use.--The term ``public use''--
       (A) means any use of property acquired by eminent domain 
     for a public purpose; and
       (B) does not include economic development.
       (2) State.--The term ``State or local government'' means--
       (A) a State, county, municipality, or other governmental 
     entity created under the authority of a State;
       (B) any branch, department, agency, instrumentality, or 
     official of an entity listed in subparagraph (A); and
       (C) any other person acting under color of State law.

[[Page S9993]]

                                 ______
                                 
  SA 1697. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed by him to the bill H.R. 2862, making appropriations for 
Science, the Departments of State, Justice, and Commerce, and related 
agencies for the fiscal year ending September 30, 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title V, add the following:

     SEC. 5___. COMPENSATION OF BANKRUPTCY TRUSTEES.

       Section 330(b)(2) of title 11, United States Code, is 
     amended--
       (1) by striking ``$15'' the first place it appears and 
     inserting ``$55''; and
       (2) by striking ``rendered.'' and all that follows through 
     ``$15'' and inserting ``rendered, which''.
                                 ______
                                 
  SA 1698. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 158, line 9, insert after ``Research'' the 
     following: ``(of which $400,000 shall be made available for a 
     national waterborne disease recognition and disaster 
     preparedness program at the Arnot Ogden Medical Center in 
     Elmira, New York)''.
                                 ______
                                 
  SA 1699. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 190, between lines 14 and 15, insert the following:
       Sec. 5__. (a) Congress finds that--
       (1) Hurricane Katrina made landfall on August 29, 2005, 
     causing a catastrophic degree of human suffering and damage 
     to infrastructure in the Gulf Coast;
       (2) the Gulf of Mexico is responsible for more than 25 
     percent of United States oil production, and in the immediate 
     aftermath of Hurricane Katrina this production capacity was 
     rendered 90 percent inactive;
       (3) due to the impacts of Hurricane Katrina, the Louisiana 
     Offshore Oil Port, the largest oil importing port in the 
     United States, was forced to close until September 1, 2005, 
     limiting import capacity and tightening oil supplies;
       (4) Hurricane Katrina forced the closure of 9 major 
     refineries, temporarily eliminated more than 12 percent of 
     national refining capacity, and has resulted in the loss of 
     1,300,000,000,000 barrels of refining capacity;
       (5) in the wake of Hurricane Katrina's devastating impact 
     on the Gulf Coast, the price of crude oil on the New York 
     Mercantile Exchange reached a record high of $70.85 per 
     barrel, and the national average retail gasoline price 
     reached a record level of almost $3.06 per gallon;
       (6) although the price of crude oil has fallen to levels 
     experienced prior to Hurricane Katrina, the national average 
     retail cost of gasoline has declined much more slowly and 
     remains at near-record levels;
       (7) following Hurricane Katrina, retail gasoline prices at 
     some locations increased by as much as $0.50 per gallon 
     overnight, and, at many stations, several price increases 
     occurred during the same day;
       (8) the rapid, irregular increase in retail gasoline prices 
     and the failure of retail gasoline prices to significantly 
     decline in correspondence with the price of crude oil have 
     raised concerns regarding the possible existence of 
     anticompetitive practices and price gouging in the oil 
     industry;
       (9) over the course of the past decade, the Federal Trade 
     Commission has approved a series of mergers, acquisitions, 
     and consolidating actions that have dramatically changed the 
     face, and significantly increased the concentration, of the 
     oil industry;
       (10) in 1998 British Petroleum and Amoco were allowed to 
     consolidate, in 1999 Exxon was able to acquire Mobil Oil, in 
     2000 BP-Amoco was allowed to acquire Atlantic Richfield, 
     Chevron and Texaco were allowed to combine in 2001, and in 
     2005 ChevronTexaco was permitted to acquire Unocal and Valero 
     was allowed to create the largest refining company in the 
     United States when Valero was granted permission to buy 
     Premcor;
       (11) following these mergers, the 5 largest oil companies 
     in the United States control almost as much crude oil 
     production as the Middle Eastern members of the Organization 
     of the Petroleum Exporting Countries, over \1/2\ of domestic 
     refiner capacity, and over 60 percent of the retail gasoline 
     market; and
       (12) during the second quarter of 2005, the earnings of 
     Exxon Mobil increased by 35 percent over 2004 earnings, and 
     BP, Royal Dutch Shell, and ConocoPhillips enjoyed increases 
     of 29 percent, 34 percent, and 51 percent, respectively, as a 
     result of sustained and severe increases in oil prices.
       (b) In order to ensure that the level of concentration in 
     the oil industry is not allowing market participants to 
     engage in anticompetitive practices or price gouging, the 
     Attorney General of the United States shall conduct a review 
     of the consolidations of British Petroleum and Amoco, Exxon 
     and Mobil Oil, BP-Amoco and Atlantic Richfield, Chevron and 
     Texaco, ChevronTexaco and Unocal, Valero and Premcor, and any 
     other mergers the Attorney General determines to be 
     appropriate to ensure that the conditions created by the 
     mergers are not facilitating anticompetitive practices, 
     retail gasoline price gouging, or any other conditions that 
     are unduly detrimental to consumers, as determined by the 
     Attorney General.
                                 ______
                                 
  SA 1700. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 190, between lines 14 and 15, insert the following:

     SEC. 522. RADIO CONSOLIDATION STUDY.

       (a) In General.--Of the amounts made available under the 
     heading ``Federal Communications Commission, Salaries and 
     Expenses'', such sums as may be necessary shall be available 
     to the Federal Communications Commission to conduct a study 
     on consolidation within the radio industry since the 
     Commission's rules on ownership were relaxed with the passage 
     of the Telecommunications Act of 1996.
       (b) Content.--The study required under subsection (a) shall 
     include an examination of the changes in various aspects of 
     the commercial broadcast radio industry as a result of the 
     implementation of the changes in section 202 of the 
     Telecommunications Act of 1996, including--
       (1) radio station ownership at both the national and local 
     levels;
       (2) the number of commercial radio stations;
       (3) the number of radio station owners;
       (4) the size of the largest radio station owners;
       (5) the variety of radio formats available to consumers;
       (6) the financial performance of publicly-traded radio 
     companies;
       (7) the performance of small radio station-groups in 
     relation to the performance of large radio station-groups;
       (8) the share of total radio advertising revenues accounted 
     for by the largest radio station owners;
       (9) the overall trend toward consolidation of radio station 
     ownership; and
       (10) the prevalence of cross ownership and joint ventures 
     by radio station owners with concert promoters and venues.
       (c) Timing.--Not later than 6 months after the date of 
     enactment of this Act, the Federal Communications Commission 
     shall complete the study required under subsection (a).
                                 ______
                                 
  SA 1701. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 155, between lines 10 and 11, insert the following:

     SEC. 206. TECHNOLOGY AND OPPORTUNITIES PROGRAM.

       (a) Of the total amount appropriated in this Act for the 
     Technology and Opportunities Program, that amount shall be 
     increased by $5,000,000, which shall be made available for 
     the grants authorized under title I of the ENHANCE 911 Act of 
     2004 (Public Law 108-494; 118 Stat. 3986).
       (b) Amounts appropriated under this Act for the 
     Departmental Management of the Department of Commerce are 
     reduced by $5,000,000.
                                 ______
                                 
  SA 1702. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill H.R. 2862, making appropriations for Science, the 
Departments of State, Justice, and Commerce, and related agencies for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 135, line 25, strike ``$515,087,000'' and insert 
     ``$534,987,000''.
       On page 136, between lines 13 and 14, in the item relating 
     to Methamphetamine Hot Spots, strike ``$60,100,000'' and 
     insert ``$80,000,000''.
                                 ______
                                 
  SA 1703. Mr. PRYOR (for himself, Ms. Mikulski, Mr. Salazar, Mr. 
Corzine, Ms. Stabenow, and Mr. Obama) proposed an amendment the bill 
H.R. 2862, making appropriations for Science, the Departments of State, 
Justice, and Commerce, and related agencies for the fiscal year ending 
September 30, 2006, and for other purposes; as follows:

       On page 190, between lines 14 and 155, insert the 
     following:
       Sec. 522. Of the funds appropriated to the Federal Trade 
     Commission by this Act, not less than $1,000,000 shall be 
     used by the Commission to conduct an immediate investigation 
     into nationwide gasoline prices in the

[[Page S9994]]

     aftermath of Hurricane Katrina; Provided, That the 
     investigation shall include (1) any evidence of price-gouging 
     by companies with total United States wholesale sales of 
     gasoline and petroleum distillates for calendar 2004 in 
     excess of $500,000,000 and by any retail distributor of 
     gasoline and petroleum distillates for use as motor vehicle 
     fuel against which multiple formal complaints (that identify 
     the location of a particular retail distributor and provide 
     contact information for the complainant) of price-gouging 
     were filed in August or September, 2005, with a Federal or 
     State consumer protection agency, (2) a comparison of, and an 
     explanation of the reasons for changes in, profit levels of 
     such companies for gasoline and petroleum distillates for use 
     as motor vehicle fuel during the 12-month period ending on 
     August 31, 2005, and their profit levels for the month of 
     September, 2005, including information for particular 
     companies on a basis that does not permit the identification 
     of any company to which the information relates, (3) a 
     summary of tax expenditures (as defined in section 3(3) of 
     the Congressional Budget and Impoundment Control Act of 1974 
     (2 U.S.C. 622(3)) for such companies, (4) the effects of 
     increased gasoline prices and gasoline price-gouging on 
     economic activity in the United States, and (5) the overall 
     cost of increased gasoline prices and gasoline price-gouging 
     to the economy, including the impact on consumers' purchasing 
     power in both declared State and National disaster areas and 
     elsewhere; Provided further, That, in conducting its 
     investigation, the Commission shall treat as prima facie 
     evidence of price-gouging any finding that the average price 
     of gasoline available for sale to the public in September, 
     2005, or thereafter in a market area located in an area 
     designated as a State or National disaster area because of 
     Hurricane Katrina, or in any other area where price-gouging 
     complaints have been filed because of Hurricane Katrina with 
     a Federal or State consumer protection agency, exceeded the 
     average price of such gasoline in that area for the month of 
     August, 2005, unless the Commission finds substantial 
     evidence that the increase is substantially attributable to 
     additional costs in connection with the production, 
     transportation, delivery, and sale of gasoline in that area 
     or to national or international market trends; Provided 
     further, That the Commission shall provide information on the 
     progress of the investigation to the Senate and House 
     Appropriations Committees, the Senate Committee on Commerce, 
     Science, and Transportation, and the House of Representatives 
     Committee on Energy and Commerce every 30 days after the date 
     of enactment of this Act, shall provide those Committees a 
     written report 90 days after such date, and shall transmit a 
     final report to those Committees, together with its findings 
     and recommendations, no later than 180 days after the date of 
     enactment of this Act; Provided further, That the Commission 
     shall transmit recommendations, based on its findings, to the 
     Congress for any legislation necessary to protect consumers 
     from gasoline price-gouging in both State and National 
     disaster areas and elsewhere; Provided further, That chapter 
     35 of title 44, United States Code, does not apply to the 
     collection of information for the investigation required by 
     this section; Provided further, That if, during the 
     investigation, the Commission obtains evidence that a person 
     may have violated a criminal law, the Commission may transmit 
     that evidence to appropriate Federal or State authorities; 
     and Provided further, That nothing in this section affects 
     any other authority of the Commission to disclose 
     information.
                                 ______
                                 
  SA 1704. Mr. SHELBY (for Mr. Kennedy (for himself and Mr. Sessions)) 
proposed an amendment to the bill H.R. 2862, making appropriations for 
Science, the Departments of State, Justice, and Commerce, and related 
agencies for the fiscal year ending September 30, 2006, and for other 
purposes; as follows:

       On page 142, after line 3, insert the following:
       Sec. __. Section 7(d)(3)(A) of the Prison Rape Elimination 
     Act of 2003 (42 U.S.C. 15606) is amended by striking ``2 
     years'' and inserting ``3 years''.
                                 ______
                                 
  SA 1705. Mr. DURBIN (for himself, Mr. Kennedy, and Mr. Leahy) 
submitted an amendment intended to be proposed by him to the bill H.R. 
2862, making appropriations for Science, the Departments of State, 
Justice, and Commerce, and related agencies for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title V, add the following:
       Sec. __.(a) This section may be cited as the ``Legal 
     Services for Immigrant Victims of Domestic Violence, Child 
     Abuse, Sexual Assault, and Trafficking Act''.
       (b) Section 502 of the Departments of Commerce, Justice, 
     and State, the Judiciary, and Related Agencies Appropriations 
     Act, 1998 (Public Law 105-119; 111 Stat. 2510) is amended--
       (1) in subsection (a)(2)(C)--
       (A) in the matter preceding clause (i), by inserting 
     ``either Corporation funds or'' before ``funds derived'';
       (B) in clauses (i) and (ii)--
       (i) by inserting ``, or has been a victim of sexual assault 
     or a victim of trafficking (as defined in section 103 of the 
     Trafficking Victims Protection Act of 2000 (22 U.S.C. 
     7102)),'' before ``in the United States''; and
       (ii) by striking ``by a spouse'' and all that follows and 
     inserting a semicolon;
       (C) in clause (ii), by striking the semicolon and inserting 
     ``(without the active participation of the alien in the 
     battery, extreme cruelty, sexual assault, or trafficking); 
     or''; and
       (D) by adding at the end the following:
       ``(iii) an alien who qualifies or whose child qualifies for 
     status under section 101(a)(15)(U) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(U)).'';
       (2) in subsection (b)--
       (A) by striking ``subsection (a)(2)(C)'' and all that 
     follows through ``(1) The'' and inserting ``subsection 
     (a)(2)(C), the''; and
       (B) by striking paragraph (2); and
       (3) by adding at the end the following:
       ``(c) Construction.--Nothing in the amendments made by the 
     Legal Services for Immigrant Victims of Domestic Violence, 
     Child Abuse, Sexual Assault, and Trafficking Act shall be 
     construed to limit the legal assistance provided under 
     section 107(b)(1) of the Trafficking Victims Protection Act 
     of 2000 (22 U.S.C. 7105(b)) to victims of severe forms of 
     trafficking in persons.''.

                          ____________________