[Congressional Record Volume 153, Number 127 (Friday, August 3, 2007)]
[Senate]
[Pages S10944-S10953]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

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

       At the end, add the following:
       (c) Sunset.--Except as provided in subsection (d), sections 
     2, 3, 4, and 5 of this Act, and the amendments made by this 
     Act, shall cease to have effect 180 days after the date of 
     the enactment of this Act.
       (d) Authorizations in Effect.--Authorizations for the 
     acquisition of foreign intelligence information pursuant to 
     the amendments made by this Act, and directives issued 
     pursuant to such authorizations, shall remain in effect until 
     their expiration. Such acquisitions shall be governed by the 
     applicable provisions of such amendments and shall not be 
     deemed to constitute electronic surveillance as that term is 
     defined in section 101(f) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801(f)).
                                 ______
                                 
  SA 2650. Mr. REID (for Mr. Kerry) proposed an amendment to the bill 
S. 163, to improve the disaster loan program of the Small Business 
Administration, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

                TITLE I--DISASTER PLANNING AND RESPONSE

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

[[Page S10945]]

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

                       TITLE II--DISASTER LENDING

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

                TITLE III--DISASTER ASSISTANCE OVERSIGHT

Sec. 301. Congressional oversight.

                      TITLE IV--ENERGY EMERGENCIES

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

     SEC. 2. DEFINITIONS.

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

     SEC. 3. EXTENSION OF PROGRAM AUTHORITY.

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

                TITLE I--DISASTER PLANNING AND RESPONSE

     SEC. 101. DISASTER LOANS TO NONPROFITS.

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

     SEC. 102. DISASTER LOAN AMOUNTS.

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

     SEC. 103. SMALL BUSINESS DEVELOPMENT CENTER PORTABILITY 
                   GRANTS.

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

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

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

     SEC. 105. OUTREACH PROGRAMS.

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

     SEC. 106. SMALL BUSINESS BONDING THRESHOLD.

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

     SEC. 107. TERMINATION OF PROGRAM.

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

     SEC. 108. INCREASING COLLATERAL REQUIREMENTS.

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

[[Page S10946]]

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

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

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

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

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

     SEC. 111. PROCESSING DISASTER LOANS.

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

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

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

     SEC. 113. DISASTER PLANNING RESPONSIBILITIES.

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

[[Page S10947]]

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

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

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

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

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

     SEC. 116. REPORT REGARDING LACK OF SNOW FALL.

       Not later than 6 months after the date of enactment of this 
     Act, the Administrator shall conduct a study of, and submit a 
     report to the Committee on Small Business of the House of 
     Representatives and the Committee on Small Business and 
     Entrepreneurship of the Senate that describes--
       (1) the ability of the Administrator to provide loans under 
     section 7(b)(2) of the Small Business Act (15 U.S.C. 
     636(b)(2)) to small business concerns that depend on high 
     snow fall amounts, and sustain economic injury (as described 
     under that section) due to a lack of snow fall;
       (2) the criteria that the Administrator would use to 
     determine whether to provide a loan under section 7(b)(2) of 
     the Small Business Act (15 U.S.C. 636(b)(2)) to a small 
     business concern that has been adversely affected by a lack 
     of snow fall;
       (3) other Federal assistance (including loans) available to 
     small business concerns that are adversely affected by a lack 
     of snow fall; and
       (4) the history relating to providing loans under section 
     7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) to 
     small business concerns that have been adversely affected by 
     a lack of snow fall.

                       TITLE II--DISASTER LENDING

     SEC. 201. CATASTROPHIC NATIONAL DISASTER DECLARATION.

       Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) 
     is amended by inserting immediately after paragraph (10), as 
     added by this Act, the following:
       ``(11) Catastrophic national disasters.--
       ``(A) Promulgation of rules.--Not later than 6 months after 
     the date of enactment of this paragraph, the Administrator, 
     in consultation with the Secretary of Homeland Security and 
     the Administrator of the Federal Emergency Management Agency, 
     shall promulgate regulations establishing a threshold for a 
     catastrophic national disaster declaration under this Act, 
     which shall consider--
       ``(i) the dollar amount per capita of damage to the State, 
     its political subdivisions, or a region;
       ``(ii) the number of small business concerns damaged, 
     physically or economically, as a direct result of the event;
       ``(iii) the number of individuals and households displaced 
     from their predisaster residences by the event;
       ``(iv) the severity of the impact on employment rates in 
     the State, its political subdivisions, or a region;
       ``(v) the anticipated length and difficulty of the recovery 
     process; and
       ``(vi) other factors determined relevant by the 
     Administrator.
       ``(B) Authorization.--Following a declaration of a major 
     disaster, if a damage assessment performed by the 
     Administrator indicates that the damage caused by the event 
     qualify as a catastrophic national disaster under subsection 
     (a), the Administrator may make such loans under this 
     paragraph (either directly or in cooperation with banks or 
     other lending institutions through agreements to participate 
     on an immediate or deferred basis) as the Administrator 
     determines appropriate to small business concerns located 
     anywhere in the United States that are economically adversely 
     impacted as a result of that catastrophic national disaster.
       ``(C) Loan terms.--A loan under this paragraph shall be 
     made on the same terms as a loan under paragraph (2).''.

     SEC. 202. PRIVATE DISASTER LOANS.

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

[[Page S10948]]

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

     SEC. 203. TECHNICAL AND CONFORMING AMENDMENTS.

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

     SEC. 204. EXPEDITED DISASTER ASSISTANCE LOAN PROGRAM.

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

     SEC. 205. HUBZONES.

       (a) In General.--Section 3(p) of the Small Business Act (15 
     U.S.C. 632(p)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (D), by striking ``or'';
       (B) in subparagraph (E), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following:
       ``(F) areas in which the President has declared a major 
     disaster (as that term is defined in section 102 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5122)) as a result of Hurricane Katrina of 
     August 2005 or Hurricane Rita of September 2005, during the 
     time period described in paragraph (8); or
       ``(G) catastrophic national disaster areas.'';
       (2) in paragraph (4), by adding at the end the following:
       ``(E) Catastrophic national disaster area.--
       ``(i) In general.--The term `catastrophic national disaster 
     area' means an area--

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

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

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

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

[[Page S10949]]

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

                TITLE III--DISASTER ASSISTANCE OVERSIGHT

     SEC. 301. CONGRESSIONAL OVERSIGHT.

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

                      TITLE IV--ENERGY EMERGENCIES

     SEC. 401. FINDINGS.

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

[[Page S10950]]

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

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

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

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

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

     SEC. 403. AGRICULTURAL PRODUCER EMERGENCY LOANS.

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

     SEC. 404. GUIDELINES AND RULEMAKING.

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

     SEC. 405. REPORTS.

       (a) Small Business Administration.--Not later than 12 
     months after the date on which the Administrator issues 
     guidelines under section 404, and annually thereafter until 
     the date that is 12 months after the end of the effective 
     period of section 7(b)(12) of the Small Business Act, as 
     added by this Act, the Administrator shall submit to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives, a report on the effectiveness of the 
     assistance made available under section 7(b)(12) of the Small 
     Business Act, as added by this Act, including--
       (1) the number of small business concerns that applied for 
     a loan under such section and the number of those that 
     received such loans;
       (2) the dollar value of those loans;
       (3) the States in which the small business concerns that 
     received such loans are located;
       (4) the type of heating fuel or energy that caused the 
     significant increase in the cost for the participating small 
     business concerns; and
       (5) recommendations for ways to improve the assistance 
     provided under such section 7(b)(12), if any.
       (b) Department of Agriculture.--Not later than 12 months 
     after the date on which the Secretary of Agriculture issues 
     guidelines under section 404, and annually thereafter until 
     the date that is 12 months after the end of the effective 
     period of the amendments made to section 321(a) of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 
     1961(a)) by this title, the Secretary shall submit to the 
     Committee on Small Business and Entrepreneurship and the 
     Committee on Agriculture, Nutrition, and Forestry of the 
     Senate and the Committee on Small Business and the Committee 
     on Agriculture of the House of Representatives, a report 
     that--
       (1) describes the effectiveness of the assistance made 
     available under section 321(a) of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 1961(a)); and
       (2) contains recommendations for ways to improve the 
     assistance provided under such section 321(a), if any.
                                 ______
                                 
  SA 2651. Mr. REID (for Mr. Bond) proposed an amendment to amendment 
SA 2650 proposed by Mr. Reid (for Mr. Kerry) to the bill S. 163, to 
improve the disaster loan program of the Small Business Administration, 
and for other purposes; as follows:

       On page 50, strike line 15 and all that follows through 
     page 60, line 3.
                                 ______
                                 
  SA 2652. Mr. REID (for Mr. Coburn) proposed an amendment to amendment 
SA 2650 proposed by Mr. Reid (for Mr. Kerry) to the bill S. 163, to 
improve the disaster loan program of the Small Business Administration, 
and for other purposes; as follows:

       On page 24, line 2, strike ``shall'' and insert ``may''.
       On page 24, strike line 9, and all that follows through 
     page 28, line 5, and insert the following:
       ``(B) Report.--In carrying out this subsection, if the 
     number of full-time employees for either the Office of 
     Disaster Assistance or the Disaster Cadre of the 
     Administration is

[[Page S10951]]

     below the level described in subparagraph (A) for that 
     office, not later than 21 days after the date on which that 
     staffing level decreased below the level described in 
     subparagraph (A), the Administrator shall submit to the 
     Committee on Appropriations and the Committee on Small 
     Business and Entrepreneurship of the Senate and the Committee 
     on Appropriations and Committee on Small Business of the 
     House of Representatives, a report--
       ``(i) detailing staffing levels on that date;
       ``(ii) requesting, if practicable and determined 
     appropriate by the Administrator, additional funds for 
     additional employees; and
       ``(iii) containing such additional information, as 
     determined appropriate by the Administrator.''.

                       TITLE II--DISASTER LENDING

     SEC. 201. CATASTROPHIC NATIONAL DISASTER DECLARATION.

       Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) 
     is amended by inserting immediately after paragraph (10), as 
     added by this Act, the following:
       ``(11) Catastrophic national disasters.--
       ``(A) In general.--The President may make a catastrophic 
     national disaster declaration in accordance with this 
     paragraph.
       ``(B) Promulgation of rules.--
       ``(i) In general.--Not later than 6 months after the date 
     of enactment of this paragraph, the Administrator, with the 
     concurrence of the Secretary of Homeland Security and the 
     Administrator of the Federal Emergency Management Agency, 
     shall promulgate regulations establishing a threshold for a 
     catastrophic national disaster declaration.
       ``(ii) Considerations.--In promulgating the regulations 
     required under clause (i), the Administrator shall establish 
     a threshold that--

       ``(I) is similar in size and scope to the events relating 
     to the terrorist attacks of September 11, 2001, and Hurricane 
     Katrina of 2005;
       ``(II) requires that the President declares a major 
     disaster before making a catastrophic national disaster 
     declaration under this paragraph;
       ``(III) requires consideration of--

       ``(aa) the dollar amount per capita of damage to the State, 
     its political subdivisions, or a region;
       ``(bb) the number of small business concerns damaged, 
     physically or economically, as a direct result of the event;
       ``(cc) the number of individuals and households displaced 
     from their predisaster residences by the event;
       ``(dd) the severity of the impact on employment rates in 
     the State, its political subdivisions, or a region;
       ``(ee) the anticipated length and difficulty of the 
     recovery process;
       ``(ff) whether the events leading to the relevant major 
     disaster declaration are of an unusually large and calamitous 
     nature that is orders of magnitude larger than for an average 
     major disaster; and
       ``(gg) any other factor determined relevant by the 
     Administrator.
       ``(C) Authorization.--If the President makes a catastrophic 
     national disaster declaration under this paragraph, the 
     Administrator may make such loans under this paragraph 
     (either directly or in cooperation with banks or other 
     lending institutions through agreements to participate on an 
     immediate or deferred basis) as the Administrator determines 
     appropriate to small business concerns located anywhere in 
     the United States that are economically adversely impacted as 
     a result of that catastrophic national disaster.
       ``(D) Loan terms.--A loan under this paragraph shall be 
     made on the same terms as a loan under paragraph (2).''.
       On page 28, strike lines 15 through 18 and insert the 
     following:
       ``(A) the term `disaster area' means any area for which the 
     President declared a major disaster (as that term is defined 
     in section 102 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122)) that subsequently 
     results in the President making a catastrophic national 
     disaster declaration under subsection (b)(11);
       On page 34, lines 8 and 9, strike ``a disaster declaration 
     is made'' and inserting ``the President makes a catastrophic 
     disaster declaration under paragraph (11) of section 7(b) of 
     the Small Business Act (15 U.S.C. 636(b)), as added by this 
     Act,''
       On page 34, lines 20 and 21, strike ``under section 7(b) of 
     the Small Business Act (15 U.S.C. 636(b))'' and insert 
     ``under paragraph (11) of section 7(b) of the Small Business 
     Act (15 U.S.C. 636(b)), as added by this Act''.
                                 ______
                                 
  SA 2653. Mr. REID (for Mr. Dodd (for himself and Mr. Reed)) proposed 
an amendment to the bill H.R. 2358, to require the Secretary of the 
Treasury to mint and issue coins in commemoration of Native Americans 
and the important contributions made by Indian tribes and individual 
Native Americans to the development of the United States and the 
history of the United States, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. NATIVE AMERICAN $1 COIN PROGRAM.

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

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

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

[[Page S10952]]

     SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.

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

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

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

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

       In section 1112(b)(1) of the Safe, Accountable, Flexible, 
     Efficient Transportation Equity Act: A Legacy for Users (as 
     added by section 3), strike subparagraph (B) and insert the 
     following:
       ``(B) use not to exceed $5,000,000 of the funds made 
     available for fiscal year 2007 for Federal Transit 
     Administration Discretionary Programs, Bus and Bus Facilities 
     (without any local matching funds requirement) for operating 
     expenses of the Minnesota State department of transportation 
     for actual and necessary costs of maintenance and operation, 
     less the amount of fares earned, which are provided by the 
     Metropolitan Council (of Minnesota) as a temporary substitute 
     for highway traffic service following the collapse of the 
     Interstate I-35W bridge in Minneapolis, Minnesota, on August 
     1, 2007, until highway traffic service is restored on such 
     bridge.
                                 ______
                                 
  SA 2655. Mr. REID (for Mr. Kyl (for himself and Mr. Leahy)) proposed 
an amendment to the bill S. 849, to promote accessibility, 
accountability, and openness in Government by strengthening section 552 
of title 5, United States Code (commonly to as the Freedom of 
Information Act), and for other purposes; as follows:

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

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

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

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

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

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

[[Page S10953]]

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

                          ____________________