[Congressional Record Volume 151, Number 115 (Wednesday, September 14, 2005)]
[Senate]
[Pages S10048-S10054]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1706. Mr. BINGAMAN (for himself, Ms. Landrieu, Mr. Reid, Mr. 
Kennedy, Ms. Mikulski, Mr. Dodd, Mrs. Clinton, Mr. Dayton, Mr. Akaka, 
Mr. Lieberman, Mr. Schumer, and Mrs. Murray) 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 appropriate place, insert the following:

TITLE __EDUCATIONAL ASSISTANCE FOR INDIVIDUALS AND SCHOOLS IMPACTED BY 
                           HURRICANE KATRINA

 Subtitle A--Support for Elementary and Secondary Schools With a Large 
                      Influx of Displaced Students

     SEC. __. SUPPORT FOR ELEMENTARY AND SECONDARY SCHOOLS WITH A 
                   LARGE INFLUX OF DISPLACED STUDENTS.

       (a) Purpose.--It is the purpose of this section--
       (1) to provide assistance to eligible local educational 
     agencies experiencing large increases in student enrollment 
     due to Hurricane Katrina;
       (2) to facilitate the enrollment of students impacted by 
     Hurricane Katrina into elementary schools and secondary 
     schools served by such agencies; and
       (3) to provide high quality instruction to such students.
       (b) Grants Authorized.--
       (1) In general.--The Secretary of Education shall award 
     grants to eligible local educational agencies.
       (2) Eligible local educational agencies.--
       (A) Child count.--Each State that has a large influx of 
     displaced students due to Hurricane Katrina, as determined by 
     the Secretary of Education, shall set a child count date for 
     local educational agencies in the State that have a large 
     influx of such students, as determined by the State, for the 
     purpose of determining the total number of such students in 
     each such agency.
       (B) Definition.--In this section, the term ``eligible local 
     educational agency'' means a local educational agency--
       (i) that serves, as determined in accordance with the child 
     count described in subparagraph (A), not less than 30 
     displaced students due to Hurricane Katrina; or
       (ii) that serves an elementary school or secondary school 
     in which not less than 3 percent of the students enrolled at 
     the school are displaced students due to Hurricane Katrina, 
     as determined in accordance with the child count described in 
     subparagraph (A).
       (3) Grant amount.--An eligible local educational agency 
     that receives a grant under this section shall receive a 
     grant amount that is equal to $4,000 multiplied by the number 
     of students who enroll in elementary schools and secondary 
     schools served by such agency because the students are 
     displaced due to Hurricane Katrina.
       (c) Application.--Each eligible local educational agency 
     desiring a grant under this section shall prepare and submit 
     an application to the Secretary of Education that contains--
       (1) an assurance that the educational programs, services, 
     and activities proposed under this section will be 
     administered by or under the supervision of the agency;
       (2) an assurance that the agency will coordinate the use of 
     funds received under this section with other funds received 
     by the agency under the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6301 et seq.) and with programs 
     described under such Act;
       (3) an assurance that funds will be used--
       (A) to improve instruction to students who enroll in 
     elementary schools and secondary schools served by such 
     agency because the students are displaced due to Hurricane 
     Katrina; and
       (B) to facilitate such students' transition into schools 
     served by the agency; and
       (4) such other information and assurances as the Secretary 
     may reasonably require.
       (d) Use of Funds.--Each eligible local educational agency 
     that receives a grant under this section shall use the grant 
     funds to enhance instructional opportunities for students who 
     enroll in elementary schools and secondary schools served by 
     such agency because the students are displaced due to 
     Hurricane Katrina, which may include--
       (1) basic instructional services for such students, 
     including tutoring, mentoring, or academic counseling;
       (2) salaries of personnel, including teacher aides, to 
     provide instructional services to such students;

[[Page S10049]]

       (3) identification and acquisition of curricular material, 
     including the costs of providing additional classroom 
     supplies, overhead costs, costs of construction, acquisition 
     or rental of space, costs of transportation, or such other 
     costs as are directly attributable to such instructional 
     services for such students;
       (4) health services (including mental health services), 
     meals, and clothing; and
       (5) such other activities, related to the purpose of this 
     section, as the Secretary of Education may authorize.
       (e) Appropriations.--
       (1) In general.--Out of any money in the Treasury not 
     otherwise appropriated, there are authorized to be 
     appropriated and there are appropriated to carry out this 
     section such $1,200,000,000.
       (2) Emergency designation.--The amount appropriated under 
     this subsection is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress).

        Subtitle B--Fund for Early Childhood Care and Education

     SEC. __. FUND FOR EARLY CHILDHOOD CARE AND EDUCATION.

       (a) Purpose.--It is the purpose of this section--
       (1) to provide assistance to local communities experiencing 
     large influxes of preschool-aged children displaced by 
     Hurricane Katrina; and
       (2) to facilitate placement of such children in early 
     childhood education programs.
       (b) Early Childhood Education Programs.--In this section, 
     the term ``early childhood education program'' means a Head 
     Start program or an Early Head Start program carried out 
     under the Head Start Act (42 U.S.C. 9831 et seq.), a State 
     licensed or regulated child care program or school, or a 
     State prekindergarten program that serves children from birth 
     through kindergarten.
       (c) Grants and Subgrants Authorized.--
       (1) Grants.--The Secretary of Health and Human Services 
     shall award grants to States demonstrating large influxes of 
     children and families displaced due to Hurricane Katrina.
       (2) Subgrants.--
       (A) In general.--A State receiving a grant under paragraph 
     (1) shall award subgrants to affected local communities in 
     the State to facilitate placement of displaced children in 
     existing early childhood education programs.
       (B) Affected local communities.--In this paragraph, the 
     term ``affected local community'' means a local community in 
     a State described in subparagraph (A) in which--
       (i) there are not less than 200 pre-school aged children 
     who are displaced due to Hurricane Katrina; or
       (ii) there is a significant percentage of the total number 
     of children participating in early childhood education 
     programs in the community who are children who are in the 
     community because the children are displaced due to Hurricane 
     Katrina, as determined by the Secretary of Health and Human 
     Services.
       (d) Applications.--Each State that desires to receive a 
     grant under this section shall prepare and submit an 
     application to the Secretary of Health and Human Services 
     that contains--
       (1) a description of the collaborative planning process 
     between the State agency responsible for pre-kindergarten, 
     State child care administrator, and Head Start Collaboration 
     Director to facilitate the placement of children who are 
     displaced due to Hurricane Katrina in early childhood 
     education programs;
       (2) assurances that funds received under this section will 
     be used for the purpose described in subsection (a);
       (3) a plan to coordinate funds received under this section 
     with existing resources available to the early childhood 
     education programs for similar purposes; and
       (4) such other information and assurances as the Secretary 
     of Health and Human Services may reasonably require.
       (e) Use of Subgrant Funds.--
       (1) In general.--Each affected local community receiving a 
     subgrant under this section shall use the subgrant funds only 
     for--
       (A) costs associated with accommodating the influx of 
     displaced children, including acquisition or rental of space;
       (B) costs associated with providing services to displaced 
     children, including related services such as nutrition and 
     acquisition of related materials; and
       (C) costs associated with hiring additional personnel, 
     including teacher aides or personnel working with families of 
     children.
       (2) Income and documentation waiver.--The Secretary of 
     Health and Human Services shall waive requirements of income 
     eligibility and documentation for children displaced by 
     Hurricane Katrina who participate in Head Start programs and 
     Early Head Start programs funded by subgrants awarded 
     pursuant to this section.
       (f) Appropriations.--
       (1) In general.--Out of any money in the Treasury not 
     otherwise appropriated, there are authorized to be 
     appropriated and there are appropriated to carry out this 
     section $635,000,000.
       (2) Emergency designation.--The amount appropriated under 
     this subsection is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress).

          Subtitle C--Support for Students in Higher Education

     SEC. __. SUPPORT FOR STUDENTS IN HIGHER EDUCATION.

       (a) Students in School.--
       (1) No questions asked policy.--The Secretary of Education 
     shall authorize an institution of higher education to waive 
     Federal financial aid requirements, as determined appropriate 
     by the Secretary of Education, with respect to a student at 
     such institution who enrolls in such institution because such 
     student was impacted by Hurricane Katrina.
       (2) Campus-based aid.--
       (A) SEOG.--
       (i) In general.--

       (I) Authorization.--From funds appropriated under subclause 
     (II), the Secretary of Education shall carry out a program of 
     making payments to institutions of higher education to enable 
     such institutions to award Federal supplemental educational 
     opportunity grants under subpart 3 of part A of title IV of 
     the Higher Education Act of 1965 (20 U.S.C. 1070b et seq.) to 
     students enrolled at such institutions who are eligible to 
     receive a grant under such subpart and who enrolled at such 
     institutions because the students are displaced due to 
     Hurricane Katrina, as determined by the Secretary.
       (II) Appropriations.--

       (aa) In general.--Out of any money in the Treasury not 
     otherwise appropriated, there are authorized to be 
     appropriated and there are appropriated to carry out 
     subclause (I) $76,500,000.
       (bb) Emergency designation.--The amount appropriated under 
     this subclause is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress).
       (ii) Waiver of nonfederal share.--Notwithstanding subpart 3 
     of part A of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1070b et seq.), the Federal share of awards made 
     pursuant to this subparagraph shall be equal to 100 percent.
       (B) Work-study programs.--
       (i) In general.--

       (I) Authorization.--From funds appropriated under subclause 
     (II), the Secretary of Education shall carry out a program of 
     awarding grants to institutions of higher education to enable 
     such institutions to carry out work-study programs under part 
     C of title IV of the Higher Education Act of 1965 (20 U.S.C. 
     2751 et seq.) for students enrolled at such institutions who 
     are eligible to participate in work-study programs under such 
     part and who enrolled at such institutions because the 
     students are displaced due to Hurricane Katrina, as 
     determined by the Secretary.
       (II) Appropriations.--

       (aa) In general.--Out of any money in the Treasury not 
     otherwise appropriated, there are authorized to be 
     appropriated and there are appropriated to carry out 
     subclause (I) $114,500,000.
       (bb) Emergency designation.--The amount appropriated under 
     this subclause is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress).
       (ii) Waiver of nonfederal share.--Notwithstanding part C of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 2751 
     et seq.), the Federal share of the compensation of students 
     made pursuant to this subparagraph shall be equal to 100 
     percent.
       (b) Help for Individuals With Student Loans.--
       (1) Definitions.--In this subsection:
       (A) Eligible borrower.--The term ``eligible borrower'' 
     means an individual who has lost the individual's job due to 
     the impact of Hurricane Katrina, as determined by the 
     Secretary of Education.
       (B) Eligible loan.--In this subsection, the term ``eligible 
     loan'' means a student loan of an eligible borrower made, 
     insured, or guaranteed under title IV of the Higher Education 
     Act of 1965 (20 U.S.C. 1070 et seq.).
       (2) Grace period.--The Secretary of Education shall carry 
     out a program in which the Secretary enters into an agreement 
     with the holder of an eligible loan in which, for a 180 day 
     period, periodic installments of principal are not paid but 
     interest shall accrue and be paid by the Secretary on such 
     loan.
       (3) Period not to count against economic hardship periods 
     provided in higher education act of 1965.--Notwithstanding 
     any provision of the Higher Education Act of 1965 (20 U.S.C. 
     1001 et seq.), the 180-day grace period provided in paragraph 
     (2) for an eligible borrower shall not count as part of the 
     3-year economic hardship periods provided in sections 
     427(a)(2)(C)(iii), 428(b)(1)(M)(iii), 455(f)(2)(C), and 
     464(c)(2)(A)(iii) of the Higher Education Act of 1965 (20 
     U.S.C. 1077(a)(2)(C)(iii), 1078(b)(1)(M)(iii), 
     1087e(f)(2)(C), and 1087dd(c)(2)(A)(iii)).
       (4) Emergency designation.--The amounts provided under this 
     paragraph are designated as an emergency requirement pursuant 
     to section 402 of H. Con. Res. 95 (109th Congress).

         Subtitle D--Immediate Aid to Restart School Operations

     SEC. __. IMMEDIATE AID TO RESTART SCHOOL OPERATIONS.

       (a) Purpose.--It is the purpose of this section--
       (1) to provide immediate and direct assistance to local 
     educational agencies that are in an area that is subject to a 
     declaration by the President of a major disaster, as defined 
     in section 102 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122) related to 
     Hurricane Katrina;
       (2) to assist school district administrators and personnel 
     of such agencies who are working to restart operations in 
     elementary

[[Page S10050]]

     schools and secondary schools served by such agencies; and
       (3) to facilitate the re-opening of elementary schools and 
     secondary served by such agencies and the re-enrollment of 
     students in such schools as soon as possible.
       (b) Grants Authorized.--The Secretary of Education shall 
     award a grant to a local educational agency that is in an 
     area that is subject to a declaration by the President of a 
     major disaster, as defined in section 102 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122) related to Hurricane Katrina, based upon--
       (1) the number of school-aged children served by the local 
     educational agency in the academic year preceding the 
     academic year during which the grant is awarded; and
       (2) the severity of the impact of Hurricane Katrina on the 
     local educational agency and the extent of the needs in each 
     local educational agency that is in an area that is subject 
     to a declaration by the President of a major disaster, as 
     defined in section 102 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5122) related 
     to Hurricane Katrina.
       (c) Use of Funds.--Each local educational agency that 
     receives a grant under this section shall use the grant funds 
     to restart operations in the elementary schools and secondary 
     schools served by such agency and to take steps to resume the 
     instruction that was halted due to Hurricane Katrina, which 
     may include--
       (1) recovery of student and personnel data, and other 
     electronic information;
       (2) replacement of school district information systems, 
     including hardware and software;
       (3) financial operations;
       (4) decontamination;
       (5) damage assessments in school and administration 
     buildings;
       (6) refurbishing school and administration buildings;
       (7) rental of portable classroom units and facilities;
       (8) initial replacement of instructional materials and 
     equipment;
       (9) redeveloping instructional plans; and
       (10) such other activities related to the purpose of this 
     section that may be required.
       (d) Appropriations.--
       (1) In general.--Out of any money in the Treasury not 
     otherwise appropriated, there are authorized to be 
     appropriated and there are appropriated to carry out this 
     section $1,500,000,000.
       (2) Emergency designation.--The amount appropriated under 
     this subsection is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress).

            Subtitle E--Improving Educational Infrastructure

     SEC. __. IMPROVING EDUCATIONAL INFRASTRUCTURE.

       (a) Purpose.--It is the purpose of this section to assist 
     areas impacted by Hurricane Katrina to repair, renovate, 
     alter, or construct facilities critical to the educational 
     needs of students, by providing Federal funds to enable local 
     educational agencies, early childhood education programs, and 
     institutions of higher education to meet costs associated 
     with repairing, renovating, altering, or constructing the 
     facilities of such entities.
       (b) Grants Authorized.--The Secretary of Education shall 
     award grants to local educational agencies, early childhood 
     education programs, and institutions of higher education that 
     are in an area that is subject to a declaration by the 
     President of a major disaster, as defined in section 102 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5122) related to Hurricane Katrina, 
     relative to the demonstrated need for the repair, renovation, 
     alteration, or construction of the facilities of such 
     entities based on the condition of the facilities due to the 
     impact of Hurricane Katrina.
       (c) Applications.--A local educational agency, early 
     childhood education program, or institution of higher 
     education that desires to receive a grant under this section 
     shall submit an application to the Secretary of Education 
     that contains--
       (1) the number of students served by such agency, program, 
     or institution who are, or would be, served in the facilities 
     of such entity that were impacted due to Hurricane Katrina;
       (2) a description of the improvement to be supported with 
     funds provided under this section, including the relative 
     cost of carrying out such improvements;
       (3) an identification of other Federal, State, or local 
     resources available to carry out improvements for which funds 
     are requested under this section; and
       (4) such other information and assurances as the Secretary 
     of Education may reasonably require.
       (d) Consideration.--In awarding grants under this section 
     to local educational agencies and early childhood education 
     programs, the Secretary of Education shall take into 
     consideration the number of students residing in the 
     geographic area served by such agencies and programs.
       (e) Use of Funds.--Each local educational agency, early 
     childhood education program, or institution of higher 
     education receiving funds under this section shall use such 
     funds only to facilitate the education of students through 
     the repair, renovation, alteration, or construction of a 
     public elementary school or secondary school facility, 
     institution of higher education, or early childhood education 
     facility, used for academic, vocational, or developmental 
     instruction.
       (f) Appropriations.--
       (1) In general.--Out of any money in the Treasury not 
     otherwise appropriated, there are authorized to be 
     appropriated and there are appropriated to carry out this 
     section $2,000,000,000.
       (2) Emergency designation.--The amount appropriated under 
     this subsection is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress).

         Subtitle F--Education for Homeless Children and Youths

     SEC. __. EDUCATION FOR HOMELESS CHILDREN AND YOUTHS.

       (a) In General.--In addition to amounts otherwise 
     appropriated to carry out subtitle B of title VII of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et 
     seq.) and out of any money in the Treasury not otherwise 
     appropriated, there are authorized to be appropriated and 
     there are appropriated $20,000,000 for the 180 day period 
     beginning on the date of enactment of this section to carry 
     out education for homeless children and youths under such 
     subtitle for homeless children and youths affected by 
     Hurricane Katrina.
       (b) Emergency Designation.--The amount appropriated under 
     this section is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress).

             Subtitle G--Period of Availability of Benefits

     SEC. __. PERIOD OF AVAILABILITY OF BENEFITS.

       (a) In General.--A benefit or assistance provided under 
     this title shall be available, and monies appropriated under 
     this title are available for obligation by the grantee, 
     through the date that is 180 days after the date of enactment 
     of this title.
       (b) Automatic Extension.--The period during which a benefit 
     or assistance described in subsection (a) is available shall 
     be automatically extended for an additional 180 days, 
     beginning on the date that is 181 days after the date of 
     enactment of this title, unless the President determines that 
     the extension of the availability of the benefit or 
     assistance is not necessary to fully meet the needs of 
     individuals, households, and schools affected by Hurricane 
     Katrina or a related condition.
       (c) Report.--If the President determines that an extension 
     is not necessary under subsection (b), the President shall 
     submit to Congress a report describing the determination.
                                 ______
                                 
  SA 1707. Mr. McCAIN 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:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF THE SENATE.

       (a) Findings.--The Senate finds the following:
       (1) In a time of national catastrophe, it is the 
     responsibility of Congress and the Executive Branch to take 
     quick and decisive action to help those in need.
       (2) The size, scope, and complexity of Hurricane Katrina 
     are unprecedented, and the emergency response and long-term 
     recovery efforts will be extensive and require significant 
     resources.
       (3) It is the responsibility of Congress and the Executive 
     Branch to ensure the financial stability of the nation by 
     being good stewards of Americans' hard-earned tax dollars.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that any funding directive contained in this Act, or its 
     accompanying report, that is not specifically authorized in 
     any Federal law as of the date of enactment of this section, 
     or Act or resolution passed by the Senate during the 1st 
     Session of the 109th Congress prior to such date, or proposed 
     in pursuance to an estimate submitted in accordance with law, 
     that is for the benefit of an identifiable program, project, 
     activity, entity, or jurisdiction and is not directly related 
     to the impact of Hurricane Katrina, may be redirected to 
     recovery efforts if the appropriate head of an agency or 
     department determines, after consultation with appropriate 
     Congressional Committees, that the funding directive is not 
     of national significance or is not in the public interest.
                                 ______
                                 
  SA 1708. Mr. SHELBY (for Mr. Martinez) 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 170, between lines 9 and 10, insert the following:
       Sec. 304. It is the sense of Congress that the U.S. Coral 
     Reef Task Force should join with its Federal and State 
     partners to provide an appropriate level of financial and 
     technical support to make the 11th International Coral Reef 
     Symposium a successful event.
                                 ______
                                 
  SA 1709. Mr. SHELBY (for Mr. Talent (for himself and Mr. Dodd)) 
proposed an amendment to the bill H.R.

[[Page S10051]]

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:

       At the end of title VI, insert the following:
       Sec. 6__.(a) It is the sense of Congress that all 
     authorities with jurisdiction, including the Federal Bureau 
     of Investigation and other entities within the Department of 
     Justice, should--
       (1) expeditiously investigate unsolved civil rights 
     murders, due to the amount of time that has passed since the 
     murders and the age of potential witnesses; and
       (2) provide all the resources necessary to ensure timely 
     and thorough investigations in the cases involved.
       (b) In this section:
       (1) The term ``Chief'' means the Chief of the Section.
       (2) The term ``criminal civil rights statutes'' means--
       (A) section 241 of title 18, United States Code (relating 
     to conspiracy against rights);
       (B) section 242 of title 18, United States Code (relating 
     to deprivation of rights under color of law);
       (C) section 245 of title 18, United States Code (relating 
     to federally protected activities);
       (D) sections 1581 and 1584 of title 18, United States Code 
     (relating to involuntary servitude and peonage);
       (E) section 901 of the Fair Housing Act (42 U.S.C. 3631); 
     and
       (F) any other Federal law that--
       (i) was in effect on or before December 31, 1969; and
       (ii) the Criminal Section of the Civil Rights Division of 
     the Department of Justice enforced, prior to the date of 
     enactment of this Act.
       (3) The term ``Section'' (except when used as part of the 
     term ``Criminal Section'') means the Unsolved Crimes Section 
     established under subsection (c).
       (c)(1) There is established in the Civil Rights Division of 
     the Department of Justice an Unsolved Crimes Section. The 
     Section shall be headed by a Chief of the Section.
       (2)(A) Notwithstanding any other provision of Federal law, 
     the Chief shall be responsible for investigating and 
     prosecuting violations of criminal civil rights statutes, in 
     each case in which a complaint alleges that such a 
     violation--
       (i) occurred not later than December 31, 1969; and
       (ii) resulted in a death.
       (B) After investigating a complaint under subparagraph (A), 
     if the Chief determines that an alleged practice that is a 
     violation of a criminal civil rights statute occurred in a 
     State, or political subdivision of a State, that has a State 
     or local law prohibiting the practice alleged and 
     establishing or authorizing a State or local official to 
     grant or seek relief from such practice or to institute 
     criminal proceedings with respect to the practice on 
     receiving notice of the practice, the Chief shall consult 
     with the State or local official regarding the appropriate 
     venue for the case involved.
       (C) After investigating a complaint under subparagraph (A), 
     the Chief shall refer the complaint to the Criminal Section 
     of the Civil Rights Division, if the Chief determines that 
     the subject of the complaint has violated a criminal civil 
     rights statute in the case involved but the violation does 
     not meet the requirements of clause (i) or (ii) of 
     subparagraph (A).
       (3)(A) The Chief shall annually conduct a study of the 
     cases under the jurisdiction of the Chief and, in conducting 
     the study, shall determine the cases--
       (i) for which the Chief has sufficient evidence to 
     prosecute violations of criminal civil rights statutes; and
       (ii) for which the Chief has insufficient evidence to 
     prosecute those violations.
       (B) Not later than September 30 of 2006 and of each 
     subsequent year, the Chief shall prepare and submit to 
     Congress a report containing the results of the study 
     conducted under subparagraph (A), including a description of 
     the cases described in subparagraph (A)(ii).
       (4)(A) There is authorized to be appropriated to carry out 
     this subsection $5,000,000 for fiscal year 2006 and each 
     subsequent fiscal year.
       (B) Any funds appropriated under this paragraph shall 
     consist of additional appropriations for the activities 
     described in this subsection, rather than funds made 
     available through reductions in the appropriations authorized 
     for other enforcement activities of the Department of 
     Justice.
                                 ______
                                 
  SA 1710. Mr. SHELBY (for Ms. Cantwell (for herself and Mr. Allen)) 
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 135, line 25, strike ``$515,087,000'' and insert 
     ``$534,987,000, of which $19,900,000 shall be offset by 
     reducing appropriations in this title for Department of 
     Justice supplies and materials by a total of $19,900,000,''.
       
       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 1711. Mr. SHELBY (for Mr. Reid) 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 111, line 5, strike ``$125,936,000'' and insert 
     ``$116,936,000''.
         On page 130, line 23, strike ``$362,997,000'' and insert 
     ``$371,997,000''.
         On page 132, strike line 14 and insert the following:
     386;
         (9) $2,000,000 for the Rape Abuse and Incest National 
     Network (RAINN);
         (10) $1,000,000 for nonprofit, nongovernmental statewide 
     coalitions serving sexual assault victims; and
         (11) $6,000,000 to be allocated, in consultation with the 
     Department of Health and Human Services, to nonprofit, 
     nongovernmental statewide domestic violence coalitions 
     serving domestic violence programs.
                                 ______
                                 
  SA 1712. Mr. SHELBY 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 129, line 7, before the ``:'' insert the following:

     ``, and of which $5,000,000 should be for site planning and 
     development of a Federal Correctional Institution in the Mid-
     Atlantic region''.
                                 ______
                                 
  SA 1713. Mr. GRASSLEY 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:

       Strike all after ``Sec.  522.'' and insert the following: 
     ``None of the funds appropriated or otherwise made available 
     by this Act may be used in a manner that is inconsistent with 
     the principle negotiating objective of the United States with 
     respect to trade remedy laws to preserve the ability of the 
     United States--
       ``(1) to enforce vigorously its trade laws, including the 
     antidumping, countervailing duty, and safeguard laws;
       ``(2) to avoid agreements that--
       ``(A) lessen the effectiveness of domestic and 
     international disciplines on unfair trade, especially dumping 
     and subsidies; or
       ``(B) lessen the effectiveness of domestic and 
     international safeguard provisions, in order to ensure that 
     United States workers, agricultural producers, and firms can 
     compete fully on fair terms and enjoy the benefits of 
     reciprocal trade concessions; and
       ``(3) to address and remedy market distortions that lead to 
     dumping and subsidization, including overcapacity, 
     cartelization, and market-access barriers.''.
                                 ______
                                 
  SA 1714. Mr. CONRAD 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 133, line 24, strike ``$1,078,350,000'' and insert 
     ``$1,098,350,000, of which $20,000,000 shall be offset by 
     reducing appropriations in this title for other services by a 
     total of $20,000,000,''.
       On page 134, between lines 4 and 5, in the item relating to 
     Justice Assistance Grants, strike ``$530,000,000'' and insert 
     ``$550,000,000''.
       On page 134, line 10, strike the period at the end and 
     insert the following: ``: Provided further, That of the funds 
     provided under this heading for Justice Assistance Grants, no 
     State, including the District of Columbia and the 
     Commonwealth of Puerto Rico, shall receive less than the 
     greater of .50 percent or the amount of funds for Justice 
     Assistance Grants such State received in fiscal year 2005, 
     and no territory of the United States shall receive less than 
     the greater of .25 percent or the amount of funds for Justice 
     Assistance Grants such territory received in fiscal year 
     2005.''.
                                 ______
                                 
  SA 1715. Mr. SHELBY (for Mr. DeWine) proposed an amendment to 
amendment SA 1671 proposed by Mr. DeWine (for himself, Mr. Voinovich, 
Mr. Allen, Mr. Warner, and Mrs. Murray) 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 1 strike line 6 and all that follows through page 
     2, line 2, and insert the following:

     $859,300,000 shall be available for aeronautics research and 
     development programs of the National Aeronautics and Space 
     Administration. Of the amount available under this section in 
     excess of $852,300,000, not more than

[[Page S10052]]

     50 percent of such excess amount may be derived from any 
     particular account of the National Aeronautics and Space 
     Administration.
                                 ______
                                 
  SA 1716. Mr. INOUYE (for himself, Mr. Rockefeller, and Ms. Snowe) 
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 appropriate place, insert the following:

     SEC.__. EXTENSION OF UNIVERSAL SERVICE FUND EXEMPTION FROM 
                   THE ANTIDEFICIENCY ACT.

       Section 302 of the Universal Service Antideficiency 
     Temporary Suspension Act is amended by striking ``December 
     31, 2005,'' each place it appears and inserting ``December 
     31, 2006,''.
                                 ______
                                 
  SA 1717. Ms. SNOWE (for herself and Mr. Vitter) 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:

       At the end of title V, add the following:

     SEC. 5__. SMALL BUSINESS, HOMEOWNERS, AND RENTERS DISASTER 
                   RELIEF.

       (a) Disaster Loans.--Section 7(b) of the Small Business Act 
     (15 U.S.C. 636(b)) is amended by inserting immediately after 
     paragraph (3) the following:
       ``(4) Disaster loans after hurricane katrina.--
       ``(A) Additional loan authority.--
       ``(i) Loans to small businesses.--In addition to any other 
     loan authorized by this subsection, the Administrator may 
     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 or small agricultural cooperative that 
     demonstrates a direct adverse economic impact caused by 
     Hurricane Katrina, based on such criteria as the 
     Administrator may set by rule, regulation, or order.
       ``(ii) Loans to nonprofits.--In addition to any other loan 
     authorized by this subsection, the Administrator may 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 non-profit 
     organization for purposes of repairing damage caused by 
     Hurricane Katrina or performing other hurricane relief 
     services in a damaged area.
       ``(B) Increased loan caps.--
       ``(i) Aggregate loan amounts.--Except as provided in clause 
     (ii), the aggregate loan amount outstanding and committed to 
     a qualified borrower in a damaged area under this paragraph 
     may not exceed $10,000,000.
       ``(ii) Waiver authority.--The Administrator may, at the 
     discretion of the Administrator, waive the aggregate loan 
     amount established under clause (i).
       ``(C) Deferment of disaster loan payments.--
       ``(i) In general.--Notwithstanding any other provision of 
     law, payments of principal and interest on a loan to a 
     qualified borrower located in a damaged area made under this 
     subsection before, on, or after the date of enactment of this 
     paragraph shall be deferred, and no interest shall accrue 
     with respect to such loan, during the time period described 
     in clause (ii).
       ``(ii) Time period.--The time period for purposes of clause 
     (i) shall be 1 year from the later of the date of enactment 
     of this paragraph or the date of issuance of a loan described 
     in clause (i), but may be extended to 2 years from such date, 
     at the discretion of the Administrator.
       ``(iii) Resumption of payments.--At the end of the time 
     period described in clause (ii), the payment of periodic 
     installments of principal and interest shall be required with 
     respect to such loan, 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.
       ``(D) Definitions.--In this paragraph, the following 
     definitions shall apply:
       ``(i) Damaged area.--The term `damaged area' means an area 
     which the President has designated as a disaster area as a 
     result of Hurricane Katrina of August 2005.
       ``(ii) Qualified borrower.--The term `qualified borrower' 
     means a small business concern or non-profit organization--

       ``(I) located in a damaged area; or
       ``(II) located in a State contiguous to a damaged area that 
     is using, or intends to use, a loan made under this 
     subsection for purposes of rebuilding or conducting 
     operations in a damaged area.''.

       (b) Development Company Debentures.--Section 503 of the 
     Small Business Investment Act of 1958 (15 U.S.C. 697) is 
     amended by adding at the end the following:
       ``(j) Debentures After Hurricane Katrina.--
       ``(1) Authority.--
       ``(A) In general.--In addition to any other guarantee 
     authorized by this section, the Administrator may guarantee 
     the timely payment of all principal and interest as scheduled 
     on any debenture issued for purposes of rebuilding or 
     resuming operations in a damaged area, as the Administrator 
     determines appropriate.
       ``(B) Terms.--The Administrator shall establish a fee for a 
     guarantee issued under subparagraph (A) that is lower than 
     that for other guarantees under this section.
       ``(2) Existing guarantees.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, the Administrator may temporarily defer payments of 
     principal and interest on a guarantee made under this section 
     before the date of enactment of this subsection to a small 
     business concern in a damaged area, in any case in which the 
     payments are owed to the Administration.
       ``(B) Payments to other parties.--Notwithstanding any other 
     provision of law, the Administrator may temporarily make 
     payments of principal and interest on a loan made under this 
     section before the date of enactment of this subsection to a 
     small business concern in a damaged area, in any case in 
     which the payments are owed to a person other than the 
     Administration.
       ``(C) Termination of authority.--The authority to defer, or 
     make, payments under this paragraph shall terminate 1 year 
     after the date of enactment of this subsection.
       ``(3) Definitions.--In this subsection, the following 
     definitions shall apply:
       ``(A) Damaged area.--The term `damaged area' means an area 
     which the President has designated as a disaster area as a 
     result of Hurricane Katrina of August 2005.
       ``(B) Qualified borrower.--The term `qualified borrower' 
     means a small business concern--
       ``(i) located in a damaged area; or
       ``(ii) that demonstrates a direct adverse economic impact 
     caused by Hurricane Katrina, based on such criteria as the 
     Administrator may set by rule, regulation, or order.''.
       (c) Small Business Emergency Relief.--
       (1) Definitions.--As used in this subsection--
       (A) the term ``small business concern'' has the same 
     meaning as in section 3 of the Small Business Act; and
       (B) the terms ``Administration'' and ``Administrator'' mean 
     the Small Business Administration and the Administrator 
     thereof, respectively.
       (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'';
       (ii) by striking ``$7,500,000,000'' and inserting 
     ``$10,000,000,000''; and
       (C) by striking ``25,050,000,000'' and inserting 
     ``30,550,000,000''.
       (3) Grants to states damaged by hurricane katrina.--There 
     is authorized to be appropriated, and there is appropriated, 
     to the Department of Commerce $400,000,000 to provide, 
     through appropriate government agencies in Louisiana, 
     Alabama, Mississippi, Texas, and Florida, to provide bridge 
     grants and loans to small business concerns located in the 
     area which the President has designated as a disaster area as 
     a result of Hurricane Katrina, to assist in covering costs of 
     such concerns until they are able to obtain loans through 
     Administration assistance programs or other sources.
       (4) Disaster loan additional amounts.--In addition to any 
     other amounts otherwise appropriated for such purpose, there 
     is authorized to be appropriated, and there is appropriated, 
     to the Administration $86,000,000, to make loans under 
     section 7(b) of the Small Business Act.
       (5) Other disaster loans following hurricane katrina.--
       (A) In general.--Paragraph (4) of section 7(b) of the Small 
     Business Act (15 U.S.C. 636(b)), as added by this Act, is 
     amended by adding at the end the following:
       ``(E) Refinancing disaster loans after hurricane katrina.--
       ``(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 by the President as a disaster 
     area as a result of Hurricane Katrina of 2005 (in this 
     paragraph referred to as the `disaster area'), and the 
     refinanced amount shall be considered to be part of the 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.
       ``(F) 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 in the disaster area. With respect 
     to a refinancing under this clause, payments of principal 
     shall be deferred, and interest may accrue, during the 1-year 
     period following the date of refinancing, and the refinanced 
     amount shall be considered to be part of a new loan for 
     purposes of this subparagraph.
       ``(ii) Resumption of payments.--At the end of the 1-year 
     period described in clause (i), the payment of periodic 
     installments of

[[Page S10053]]

     principal and interest shall be required with respect to such 
     loan, 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.
       ``(G) Terms.--A loan under subparagraph (E) or (F) shall be 
     made at the same interest rate as economic injury loans under 
     paragraph (2).
       ``(H) Extended application period.--Notwithstanding any 
     other provision of law, the Administrator shall accept 
     applications for assistance under paragraphs (1) and (4) 
     until one year after the date on which the President 
     designated the area as a disaster area as a result of 
     Hurricane Katrina.
       ``(I) No sale.--No loan under this subsection made as a 
     result of Hurricane Katrina may be sold.''.
       (B) 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--
       (i) by striking ``, (2), and (4)'' and inserting ``and 
     (2)''; and
       (ii) by striking ``, (2), or (4)'' and inserting ``(2)''.
       (d) Entrepreneural Development.--In addition to any other 
     amounts authorized for any fiscal year, there are authorized 
     to be appropriated, and there is appropriated, to the 
     Administration, to remain available until expended, for 
     fiscal year 2006--
       (1) $21,000,000, to be used for activities of small 
     business development centers 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 affected by Hurricane Katrina;
       (2) $2,000,000, to be used for the 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 affected by Hurricane Katrina;
       (3) $4,500,000, to be used for activities of women's 
     business centers authorized by section 29(b) of the Small 
     Business Act and for recipients of a grant under section 
     29(l) of that Act, $2,500,000 of which shall be non-matching 
     funds used to aid and assist small business concerns affected 
     by Hurricane Katrina, which may also be made available to a 
     women's business center whose 5-year project ended in fiscal 
     year 2004;
       (4) $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 affected by Hurricane 
     Katrina; and
       (5) $5,000,000, to be used for activities of the microloan 
     program authorized by clauses (ii) and (iii) of section 
     7(m)(1)(G) of the Small Business Act to aid and assist small 
     business concerns adversely affected by Hurricane Katrina.
       (e) Small Business Development Centers.--Section 21(a)(4) 
     of the Small Business Act (15 U.S.C. 648(a)(4)) is amended by 
     adding at the end the following:
       ``(D) Fiscal years 2005 and 2006.--For fiscal years 2005 
     and 2006, the Administrator has the authority to waive the 
     maximum amount of $100,000 for grants under paragraph 
     (C)(viii) for small business development centers assisting 
     small business concerns adversely affected by Hurricane 
     Katrina.''.
       (f) HUBZones.--Section 3(p)(1) of the Small Business Act 
     (15 U.S.C. 632(p)(1)) is amended--
       (1) in subparagraph (D), by striking ``or'';
       (2) in subparagraph (E), by striking the period and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(F) the Hurricane Katrina disaster area, as designated by 
     the Administrator.''.
       (g) Outreach Programs.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Administrator of the Small 
     Business Administration shall establish a contracting 
     outreach and technical assistance program for small business 
     concerns which have had a primary place of business in, or 
     other significant presence in the Hurricane Katrina disaster 
     area at any time following the 60 days prior to the 
     designation of such area by the Administrator.
       (2) Administrator action.--The Administrator may fulfill 
     the requirement of paragraph (1) by acting through--
       (A) the Small Business Administration;
       (B) the Federal agency small business officials designated 
     under Section 15(k)(1) of the Small Business Act (15 U.S.C. 
     644(k)(1)); and
       (C) any Federal, State, or local government entity, higher 
     education institution, or private nonprofit organization that 
     the Administrator may deem proper, upon conclusion of a 
     memorandum of understanding or assistance agreement, as 
     appropriate, with the Administrator.
       (h) Small Business Bonding Threshold.--Notwithstanding any 
     other provision of law, for all procurements related to 
     Hurricane Katrina, the Administrator may, upon such terms and 
     conditions as it may prescribe, guarantee and enter into 
     commitments to guarantee any surety against loss resulting 
     from a breach of the terms of a bid bond, payment bond, 
     performance bond, or bonds ancillary thereto, by a principal 
     on any total work order or contract amount at the time of 
     bond execution that does not exceed $10,000,000.
       (i) Supplemental Emergency Loans.--
       (1) In general.--Section 7(a) of the Small Business Act (15 
     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 Comptroller General 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 1 year 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 1 year 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.''.

       (2) Appropriation.--There is authorized to be appropriated, 
     and there is appropriated, $75,000,000 to carry out the 
     amendment made by paragraph (1).
       (j) Small Business Participation.--In order to facilitate 
     the maximum practicable participation of small business 
     concerns in activities related to relief and recovery from 
     Hurricane Katrina, the Administrator and the head of any 
     Federal agency making procurements related to the aftermath 
     of Hurricane Katrina, shall set a goal, to be met within a 
     reasonable time, of awarding to small business concerns not 
     less than 30 percent of amounts expended for prime contracts 
     and not less than 40 percent of amounts expended for 
     subcontracts on procurements such agency related to the 
     aftermath of Hurricane Katrina.
       (k) Energy Emergency Relief.--
       (1) Small business and farm energy emergency disaster loan 
     program.--
       (A) 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 (4), as added by this Act, the 
     following:
       ``(5)(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 
     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.

[[Page S10054]]

       ``(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.''.
       (B) Conforming amendments.--Section 3(k) of the Small 
     Business Act (15 U.S.C. 632(k)) is amended--
       (i) by inserting ``, significant increase in the price of 
     heating oil, natural gas, gasoline, propane, or kerosene'' 
     after ``civil disorders''; and
       (ii) by inserting ``other'' before ``economic''.
       (C) Report.--Not later than 12 months after the date on 
     which the Administrator of the Small Business Administration 
     issues guidelines under paragraph (3)(A), 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)(5) of the Small Business Act, as 
     added by this subsection, including--
       (i) the number of small business concerns that applied for 
     a loan under that section 7(b)(5) and the number of those 
     that received such loans;
       (ii) the dollar value of those loans;
       (iii) the States in which the small business concerns that 
     received such loans are located;
       (iv) the type of energy that caused the significant 
     increase in the cost for the participating small business 
     concerns; and
       (v) recommendations for ways to improve the assistance 
     provided under that section 7(b)(5), if any.
       (D) 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 
     paragraph (3), or 30 days after the date of enactment of this 
     Act, with respect to assistance under section 7(b)(5) of the 
     Small Business Act, as added by this subsection.
       (2) Farm energy emergency relief.--
       (A) In general.--Section 321(a) of the Consolidated Farm 
     and Rural Development Act (7 U.S.C. 1961(a)) is amended--
       (i) 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'';

       (ii) 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
       (iii) 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''.

       (B) Funding.--Funds available on the date of enactment of 
     this Act for emergency loans under subtitle C of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 1961 et 
     seq.) shall be available to carry out the amendments made by 
     subparagraph (A) to meet the needs resulting from natural 
     disasters.
       (C) Report.--Not later than 12 months after the date on 
     which the Secretary of Agriculture issues guidelines under 
     paragraph (3)(A), 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--
       (i) 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
       (ii) contains recommendations for ways to improve the 
     assistance provided under such section 321(a).
       (D) 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 paragraph (3), 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.
       (3) Guidelines and rulemaking.--
       (A) 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 paragraphs (1) and 
     (2), respectively, and the amendments made thereby, which 
     guidelines shall become effective on the date of their 
     issuance.
       (B) 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)(5)(A)(iii)(II) of the 
     Small Business Act, as added by this Act.
       (l) Budgetary Treatment of Loans and Financings.--
       (1) In general.--Assistance made available under any loan 
     made or approved by the Administration under this section, 
     subsections (a) or (b) of section 7 of the Small Business Act 
     (15 U.S.C. 636(a)), as amended by this section, 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 section, 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 section and the 
     amendments made by this section 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.
       (m) Emergency Spending.--Appropriations under this section 
     are designated as emergency spending, as provided under 
     section 402 of H. Con. Res. 95 (109th Congress).

                          ____________________