[Congressional Record (Bound Edition), Volume 148 (2002), Part 3]
[Senate]
[Pages 3938-3942]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3075. Mr. GRASSLEY submitted an amendment intended to be proposed 
to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 200, strike line 9 and all that follows 
     through page 204, line 13.
       On page 204, line 14, strike ``(e)'' and insert ``(c)''.
       On page 213, strike line 16 and all that follows through 
     page 218, line 14.
       Beginning on page 219, strike line 18 and all that follows 
     through page 224, line 17 and insert the following:
       (6) in recent years, MTBE has been detected in water 
     sources throughout the United States;
       (7) MTBE can be detected by smell and taste at low 
     concentrations;
       (8) while small quantities of MTBE can render water 
     supplies unpalatable, the precise human health effects of 
     MTBE consumption at low levels are yet unknown;
       (9) in the report entitled ``Achieving Clean Air and Clean 
     Water: The Report of the Blue Ribbon Panel on Oxygenates in 
     Gasoline'' and dated September 1999, Congress was urged--
       (A) to eliminate the fuel oxygenate standard; and
       (B) to greatly reduce use of MTBE;
       (10) Congress has--
       (A) reconsidered the relative value of MTBE in gasoline; 
     and
       (B) decided to eliminate use of MTBE as a fuel additive;
       (11) the timeline for elimination of use of MTBE as a fuel 
     additive must be established in a manner that achieves an 
     appropriate balance among the goals of--
       (A) adequate energy supply; and
       (B) reasonable fuel prices; and
       (12) it is appropriate for Congress to provide some limited 
     transition assistance--
       (A) to merchant producers of MTBE who produced MTBE in 
     response to a market created by the oxygenate requirement 
     contained in the Clean Air Act (42 U.S.C. 7401 et seq.); and
       (B) for the purpose of mitigating any fuel supply problems 
     that may result from elimination of a widely-used fuel 
     additive.
       (b) Purposes.--The purposes of this section are--
       (1) to eliminate use of MTBE as a fuel oxygenate; and
       (2) to provide assistance to merchant producers of MTBE in 
     making the transition from producing MTBE to producing other 
     fuel additives.
       (c) Authority for Water Quality Protection From Fuels.--
     Section 211(c) of the Clean Air Act (42 U.S.C. 7545(c)) is 
     amended by adding at the end the following:
       ``(5) Prohibition on use of mtbe.--
       ``(A) In general.--Subject to subparagraph (E), not later 
     than 4 years after the date of enactment of this paragraph, 
     the use of methyl tertiary butyl ether in motor vehicle fuel 
     in any State other than a State described in subparagraph (C) 
     is prohibited.
       ``(B) Regulations.--The Administrator shall promulgate 
     regulations to effect the prohibition in subparagraph (A).
       ``(C) States that authorize use.--A State described in this 
     subparagraph is a State that submits to the Administrator a 
     notice that the State authorizes use of methyl tertiary butyl 
     ether in motor vehicle fuel sold or used in the State.
       ``(D) Publication of notice.--The Administrator shall 
     publish in the Federal Register each notice submitted by a 
     State under subparagraph (C).
       ``(E) Trace quantities.--In carrying out subparagraph (A), 
     the Administrator may allow trace quantities of methyl 
     tertiary butyl ether, not to exceed 0.5 percent by volume, to 
     be present in motor vehicle fuel in cases that the 
     Administrator determines to be appropriate.
       ``(6) MTBE merchant producer conversion assistance.--
       ``(A) In general.--The Secretary of Energy may make grants 
     to merchant producers of methyl tertiary butyl ether in the 
     United States to assist the producers in the conversion of 
     eligible production facilities described in subparagraph (B) 
     to--
       ``(i) the production of iso-octane and alkylates; and

[[Page 3939]]

       ``(ii) the production of such other fuel additives as will 
     contribute to replacing quantities of motor fuel rendered 
     unavailable as a result of paragraph (5).
       On page 224, line 18, strike ``(C)'' and insert ``(B)''.
       On page 225, line 10, strike ``(D)'' and insert ``(C)''.
       Beginning on page 227, strike line 3 and all that follows 
     through page 232, line 24.
       On page 233, line 1, strike ``(d)'' and insert ``(b)''.
       Beginning on page 233, strike line 6 and all that follows 
     through page 244, line 23, and insert the following:

     SEC. 8__. FUEL SYSTEM REQUIREMENTS HARMONIZATION STUDY.

       (a) Study.--
       (1) In general.--The Secretary of Energy shall conduct a 
     study of Federal, State, and local requirements concerning 
     motor vehicle fuels, including--
       (A) requirements relating to reformulated gasoline, 
     volatility (measured in Reid vapor pressure), oxygenated 
     fuel, and diesel fuel; and
       (B) other requirements that vary from State to State, 
     region to region, or locality to locality.
       (2) Required elements.--The study shall assess--
       (A) the effect of the variety of requirements described in 
     paragraph (1) on the supply, quality, and price of motor 
     vehicle fuels available to the consumer;
       (B) the effect of Federal, State, and local motor vehicle 
     fuel regulations, including multiple motor vehicle fuel 
     requirements, on--
       (i) domestic refineries;
       (ii) the fuel distribution system; and
       (iii) industry investment in new capacity;
       (C) the effect of the requirements described in paragraph 
     (1) on emissions from vehicles, refineries, and fuel handling 
     facilities; and
       (D) the feasibility of developing national or regional 
     motor vehicle fuel slates for the 48 contiguous States that 
     could--
       (i) enhance flexibility in the fuel distribution 
     infrastructure and improve fuel fungibility;
       (ii) reduce price volatility and costs to consumers and 
     producers;
       (iii) provide increased liquidity to the gasoline market; 
     and
       (iv) enhance fuel quality, consistency, and supply.
       (b) Report.--
       (1) In general.--Not later than June 1, 2006, the Secretary 
     of Energy shall submit to Congress a report on the results of 
     the study conducted under subsection (a).
       (2) Recommendations.--
       (A) In general.--The report shall contain recommendations 
     for legislative and administrative actions that may be 
     taken--
       (i) to improve air quality;
       (ii) to reduce costs to consumers and producers; and
       (iii) to increase supply liquidity.
       (B) Required considerations.--The recommendations under 
     subparagraph (A) shall take into account the need to provide 
     advance notice of required modifications to refinery and fuel 
     distribution systems in order to ensure an adequate supply of 
     motor vehicle fuel in all States.
       (3) Consultation.--In developing the report, the Secretary 
     of Energy shall consult with--
       (A) the Governors of the States;
       (B) automobile manufacturers; and
       (C) motor vehicle fuel producers and distributors.
                                  ____

  SA 3076. Mr. DODD (for Mr. Kerry (for himself and Mr. Bond)) proposed 
an amendment to the bill S. 1499, to provide assistance to small 
business concerns adversely impacted by the terrorist attacks 
perpetrated against the United States on September 11, 2001, 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 ``American Small Business 
     Emergency Relief and Recovery Act''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the Nation's 25,000,000 small businesses employ more 
     than 58 percent of the private workforce, and create 75 
     percent of all net new jobs;
       (2) as a result of the terrorist attacks perpetrated 
     against the United States on September 11, 2001, many small 
     businesses nationwide suffered--
       (A) directly because--
       (i) they are, or were as of September 11, 2001, located in 
     or near the World Trade Center or the Pentagon, or in a 
     disaster area declared by the President or the Administrator 
     of the Small Business Administration;
       (ii) they were closed or their business was suspended for 
     National security purposes at the mandate of the Federal 
     Government; or
       (iii) they are, or were as of September 11, 2001, located 
     in an airport that has been closed; and
       (B) indirectly because--
       (i) they supplied or provided services to businesses that 
     were located in or near the World Trade Center or the 
     Pentagon;
       (ii) they are, or were as of September 11, 2001, a 
     supplier, service provider, or complementary industry to any 
     business or industry adversely affected by the terrorist 
     attacks perpetrated against the United States on September 
     11, 2001, in particular, the financial, hospitality, and 
     travel industries; or
       (iii) they are, or were as of September 11, 2001, integral 
     to or dependent upon a business or business sector closed or 
     suspended for national security purposes by mandate of the 
     Federal Government; and
       (3) small business owners adversely affected by the 
     terrorist attacks are finding it difficult or impossible--
       (A) to make loan payments on existing debts;
       (B) to pay their employees;
       (C) to pay their vendors;
       (D) to purchase materials, supplies, or inventory;
       (E) to pay their rent, mortgage, or other operating 
     expenses; or
       (F) to secure financing for their businesses.
       (b) Purpose.--The purpose of this Act is to strengthen the 
     loan, investment, procurement assistance, and management 
     education programs of the Small Business Administration, in 
     order to help small businesses meet their existing 
     obligations, finance their businesses, and maintain and 
     create jobs, thereby providing stability to the national 
     economy.

     SEC. 3. DEFINITIONS RELATING TO TERRORIST ATTACKS.

       Section 3 of the Small Business Act (15 U.S.C. 632) is 
     amended by adding at the end the following:
       ``(r) Definitions Relating to Terrorism Relief.--In this 
     Act, the following definitions shall apply with respect to 
     the provision of assistance under this Act in response to the 
     terrorist attacks perpetrated against the United States on 
     September 11, 2001, pursuant to the American Small Business 
     Emergency Relief and Recovery Act:
       ``(1) Directly affected.--A small business concern is 
     directly affected by the terrorist attacks perpetrated 
     against the United States on September 11, 2001, if it--
       ``(A) is, or was as of September 11, 2001, located in or 
     near the World Trade Center or the Pentagon, or in a disaster 
     area declared by the President or the Administrator related 
     to those terrorist attacks;
       ``(B) was closed or its business was suspended for national 
     security purposes at the mandate of the Federal Government; 
     or
       ``(C) is, or was as of September 11, 2001, located in an 
     airport that has been closed.
       ``(2) Indirectly affected.--A small business concern is 
     indirectly affected by the terrorist attacks perpetrated 
     against the United States on September 11, 2001, if it--
       ``(A) supplied or provided services to any business that 
     was located in or near the World Trade Center or the 
     Pentagon, or in a disaster area declared by the President or 
     the Administrator related to those terrorist attacks;
       ``(B) is, or was as of September 11, 2001, a supplier, 
     service provider, or complementary industry to any business 
     or industry adversely affected by the terrorist acts 
     perpetrated against the United States on September 11, 2001, 
     in particular, the financial, hospitality, and travel 
     industries; or
       ``(C) it is, or was as of September 11, 2001, integral to 
     or dependent upon a business or business sector closed or 
     suspended for national security purposes by mandate of the 
     Federal Government.
       ``(3) Adversely affected.--The term `adversely affected' 
     means having suffered economic harm to or disruption of the 
     business operations of a small business concern as a direct 
     or indirect result of the terrorist attacks perpetrated 
     against the United States on September 11, 2001.
       ``(4) Substantial economic injury.--As used in section 
     7(b)(4), the term `substantial economic injury' means an 
     economic harm to a small business concern that results in the 
     inability of the small business concern--
       ``(A) to meet its obligations on an ongoing basis;
       ``(B) to pay its ordinary and necessary operating expenses; 
     or
       ``(C) to market, produce, or provide a product or service 
     ordinarily marketed, produced, or provided by the small 
     business concern.''.

     SEC. 4. DISASTER LOANS AFTER TERRORIST ATTACKS.

       (a) In General.--Section 7(b) of the Small Business Act (15 
     U.S.C. 636(b)) is amended by inserting immediately before the 
     undesignated material following paragraph (3) the following:
       ``(4) Disaster loans after terrorist attacks of september 
     11, 2001.--
       ``(A) Loan authority.--In addition to any other loan 
     authorized by this section, 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 a small business concern that 
     has been directly affected and suffered substantial economic 
     injury as the result of the terrorist attacks on September 
     11, 2001, including due to the closure or suspension of its 
     business for national security purposes at the mandate of the 
     Federal Government.
       ``(B) Refinancing disaster loans.--
       ``(i) In general.--Any loan made under this subsection that 
     was outstanding as to

[[Page 3940]]

     principal or interest on September 11, 2001, may be 
     refinanced by a small business concern that is also eligible 
     to receive a loan under this paragraph, and the refinanced 
     amount shall be considered to be part of the new loan for 
     purposes of this clause.
       ``(ii) No effect on eligibility.--A refinancing under 
     clause (i) by a small business concern shall be in addition 
     to any other loan eligibility for that small business concern 
     under this Act.
       ``(C) Refinancing business debt.--
       ``(i) In general.--Any business debt of a small business 
     concern that was outstanding as to principal or interest on 
     September 11, 2001, may be refinanced by the small business 
     concern if it is also eligible to receive a loan under this 
     paragraph. With respect to a refinancing under this clause, 
     payments of principal shall be deferred, and interest may 
     accrue notwithstanding clause (iii) of section 202 of the 
     Department of Defense and Emergency Supplemental 
     Appropriations for Recovery from and Response to Terrorist 
     Attacks on the United States Act, 2002 (Public Law 107-117, 
     115 Stat. 2297), during the 1-year period following the date 
     of refinancing.
       ``(ii) Resumption of payments.--At the end of the 1-year 
     period described in clause (i), the payment of periodic 
     installments of principal and interest shall be required with 
     respect to such loan, in the same manner and subject to the 
     same terms and conditions as would otherwise be applicable to 
     any other loan made under this subsection.
       ``(iii) Authorization cap.--Notwithstanding any other 
     provision of law, the total amount authorized to be obligated 
     by the Administration, under this subparagraph only, for 
     purposes of refinancing business debt, may not exceed 
     $225,000,000, notwithstanding any amount otherwise obligated 
     by the Administration under this paragraph.
       ``(D) Terms.--A loan under this paragraph shall be made at 
     the same interest rate as economic injury loans under 
     paragraph (2). Any reasonable doubt concerning the repayment 
     ability of an applicant under this paragraph shall be 
     resolved in favor of the applicant.
       ``(E) No disaster declaration required.--For purposes of 
     assistance under this paragraph, no declaration of a disaster 
     area is required for those small business concerns directly 
     affected by the terrorist attacks on September 11, 2001.
       ``(F) Size standard adjustments.--Notwithstanding any other 
     provision of law, for purposes of providing assistance under 
     this paragraph to businesses located in areas of New York, 
     Virginia, and the contiguous areas designated by the 
     President or the Administrator as a disaster area following 
     the terrorist attacks on September 11, 2001, a business shall 
     be considered to be a `small business concern' if it meets 
     otherwise applicable size regulations promulgated by the 
     Administration, and, with respect to the applicable size 
     standard, it is--
       ``(i) a restaurant having not more than $8,000,000 in 
     annual receipts;
       ``(ii) a law firm having not more than $8,000,000 in annual 
     receipts;
       ``(iii) a certified public accounting business having not 
     more than $8,000,000 in annual receipts;
       ``(iv) a performing arts business having not more than 
     $8,000,000 in annual receipts;
       ``(v) a warehousing or storage business having not more 
     than $25,000,000 in annual receipts;
       ``(vi) a contracting business having a size standard under 
     the North American Industry Classification System, Subsector 
     235, and having not more than $15,000,000 in annual receipts;
       ``(vii) a food manufacturing business having not more than 
     1,000 employees;
       ``(viii) an apparel manufacturing business having not more 
     than 1,000 employees; or
       ``(ix) a travel agency having not more than $3,000,000 in 
     annual receipts.
       ``(5) Authority to increase or waive size standards and 
     size regulations.--
       ``(A) In general.--At the discretion of the Administrator, 
     the Administrator may increase or waive otherwise applicable 
     size standards or size regulations with respect to businesses 
     applying for assistance under this Act in response to the 
     terrorist attacks on September 11, 2001.
       ``(B) Exemption from administrative procedures.--The 
     provisions of subchapter II of chapter 5, of title 5, United 
     States Code, shall not apply to any increase or waiver by the 
     Administrator under subparagraph (A).
       ``(6) Increased loan caps.--
       ``(A) Aggregate loan amounts.--Except as provided in 
     subparagraph (B), and in addition to amounts otherwise 
     authorized by this Act, the loan amount outstanding and 
     committed to a borrower may not exceed--
       ``(i) with respect to a small business concern located in 
     the areas of New York, Virginia, or the contiguous areas 
     designated by the President or the Administrator as a 
     disaster area following the terrorist attacks on September 
     11, 2001--

       ``(I) $10,000,000 in total obligations under paragraph (1); 
     and
       ``(II) $10,000,000 in total obligations under paragraph 
     (4); and

       ``(ii) with respect to a small business concern that is not 
     located in an area described in clause (i) and that is 
     eligible for assistance under paragraph (4), $5,000,000 in 
     total obligations under paragraph (4).
       ``(B) Waiver authority.--The Administrator may, at the 
     discretion of the Administrator, waive the aggregate loan 
     amounts established under subparagraph (A).
       ``(7) Extended application period.--Notwithstanding any 
     other provision of law, the Administrator shall accept 
     applications for assistance under paragraphs (1) and (4) 
     until September 10, 2002, with respect to applicants for such 
     assistance as a result of the terrorist attacks on September 
     11, 2001.
       ``(8) Limitation on sales of loans.--No loan under 
     paragraph (1) or (4), made as a result of the terrorist 
     attacks on September 11, 2001, shall be sold until 3 years 
     after the date of the final loan disbursement.''.
       (b) Clerical Amendments.--Section 7(b) of the Small 
     Business Act (15 U.S.C. 636(b)) is amended in the 
     undesignated matter at the end--
       (1) by striking ``, (2), and (4)'' and inserting ``and 
     (2)''; and
       (2) by striking ``, (2), or (4)'' and inserting ``(2)''.

     SEC. 5. EMERGENCY RELIEF LOAN PROGRAM.

       (a) Loan Program.--Section 7(a) of the Small Business Act 
     (15 U.S.C. 636(a)) is amended by adding at the end the 
     following:
       ``(31) Temporary loan authority following terrorist 
     attacks.--
       ``(A) In general.--During the 9-month period beginning on 
     the date of enactment of this paragraph, the Administration 
     may make loans under this subsection to a small business 
     concern that has been directly or indirectly adversely 
     affected.
       ``(B) Loan terms.--With respect to a loan under this 
     paragraph--
       ``(i) for purposes of paragraph (2)(A), participation by 
     the Administration shall be equal to 85 percent of the 
     balance of the financing outstanding at the time of 
     disbursement of the loan;
       ``(ii) section 203 of the Department of Defense and 
     Emergency Supplemental Appropriations for Recovery from and 
     Response to Terrorist Attacks on the United States Act, 2002 
     (Public Law 107-117, 115 Stat. 2297), as it relates to annual 
     fees, shall apply;
       ``(iii) the Administrator shall collect a guarantee fee in 
     accordance with paragraph (18)(C), as amended by the American 
     Small Business Emergency Relief and Recovery Act;
       ``(iv) the applicable rate of interest shall not exceed a 
     rate that is 2 percentage points above the prime lending 
     rate;
       ``(v) no such loan shall be made if the total amount 
     outstanding and committed (by participation or otherwise) to 
     the borrower under this paragraph--

       ``(I) would exceed $1,000,000; or
       ``(II) at the discretion of the Administrator, and upon 
     notice to the Congress, would exceed $2,000,000, as necessary 
     to provide relief in high-cost areas or to high-cost 
     industries that have been adversely affected; or

       ``(vi) no such loan shall be made if the gross amount of 
     the loan would exceed $3,000,000;
       ``(vii) upon request of the borrower, repayment of 
     principal due on a loan made under this paragraph may be 
     deferred during the 1-year period beginning on the date of 
     issuance of the loan; and
       ``(viii) any reasonable doubt concerning the repayment 
     ability of an applicant for a loan under this paragraph shall 
     be resolved in favor of the applicant.
       ``(C) Applicability.--The loan terms described in 
     subparagraph (B) shall apply to a loan under this paragraph 
     notwithstanding any other provision of this subsection, and 
     except as specifically provided in this paragraph, a loan 
     under this paragraph shall otherwise be subject to the same 
     terms and conditions as any other loan under this subsection.
       ``(D) Travel agencies.--For purposes of loans made under 
     this paragraph, the size standard for a travel agency shall 
     be $3,000,000 in annual receipts.''.
       (b) Conforming Amendment.--Section 7(a)(23)(A) of the Small 
     Business Act (15 U.S.C. 636(a)(23)(A)) is amended by 
     inserting ``other than a loan under paragraph (31),'' after 
     ``this subsection,''.

     SEC. 6. REDUCTION OF FEES.

       (a) Temporary Reduction of Section 7(a) Fees.--
       (1) Guarantee fees.--Section 7(a)(18) of the Small Business 
     Act (15 U.S.C. 636(a)(18)) is amended by adding at the end 
     the following:
       ``(C) Temporary reduction in fees.--With respect to loans 
     approved during the period beginning on the date of enactment 
     of the American Small Business Emergency Relief and Recovery 
     Act and ending on September 30, 2004, the guarantee fee under 
     subparagraph (A) shall be as follows:
       ``(i) A guarantee fee equal to 1 percent of the deferred 
     participation share of a total loan amount that is not more 
     than $150,000.
       ``(ii) A guarantee fee equal to 2.5 percent of the deferred 
     participation share of a total loan amount that is more than 
     $150,000, but not more than $700,000.
       ``(iii) A guarantee fee equal to 3.5 percent of the 
     deferred participation share of a total loan amount that is 
     more than $700,000.''.
       (2) Annual fees.--Section 7(a)(23)(A) of the Small Business 
     Act (15 U.S.C. 636(a)(23)(A)) is amended by adding at the end 
     the following:

[[Page 3941]]

     ``With respect to loans approved during the period beginning 
     on the date of enactment of the American Small Business 
     Emergency Relief and Recovery Act and ending on September 30, 
     2004, other than a loan under paragraph (31), the annual fee 
     assessed and collected under the preceding sentence shall be 
     in an amount equal to 0.25 percent of the outstanding balance 
     of the deferred participation share of the loan.''.
       (b) Reduction of Section 504 Fees.--Section 503 of the 
     Small Business Investment Act of 1958 (15 U.S.C. 697) is 
     amended--
       (1) in subsection (b)(7)(A)--
       (A) by redesignating clauses (i) and (ii) as subclauses (I) 
     and (II), respectively, and moving the margins 2 ems to the 
     right;
       (B) by striking ``not exceed the lesser'' and inserting 
     ``not exceed--
       ``(i) the lesser''; and
       (C) by adding at the end the following:
       ``(ii) 50 percent of the amount established under clause 
     (i) in the case of a loan made during the period beginning on 
     the date of enactment of the American Small Business 
     Emergency Relief and Recovery Act and ending on September 30, 
     2004, for the life of the loan; and''; and
       (2) by adding at the end the following new subsection:
       ``(i) Temporary Waiver of Fees.--The Administration may not 
     assess or collect any up front guarantee fee with respect to 
     loans made under this title during the period beginning on 
     the date of enactment of the American Small Business 
     Emergency Relief and Recovery Act and ending on September 30, 
     2004.''.
       (c) Budgetary Treatment of Loans and Financings.--
     Assistance made available under any loan made or approved by 
     the Small Business Administration under section 7(a) of the 
     Small Business Act (15 U.S.C. 636(a)) or financings made 
     under title V of the Small Business Investment Act of 1958 
     (15 U.S.C. 695 et seq.), during the period beginning on the 
     date of enactment of the American Small Business Emergency 
     Relief and Recovery Act and ending on September 30, 2004, 
     shall be treated as separate programs of the Small Business 
     Administration for purposes of the Federal Credit Reform Act 
     of 1990 only.
       (d) Use of Funds.--The amendments made by this section to 
     section 503 of the Small Business Investment Act of 1958, 
     shall be effective only to the extent that funds are made 
     available under appropriations Acts, which funds shall be 
     utilized by the Administrator to offset the cost (as such 
     term is defined in section 502 of the Federal Credit Reform 
     Act of 1990) of such amendments.
       (e) Conforming Repeal.--Effective on the day before the 
     date of enactment of this Act, section 6 of the Small 
     Business Investment Company Amendments Act of 2001 (Public 
     Law 107-100, 115 Stat. 970), and the amendments made by that 
     section, are repealed.

     SEC. 7. OTHER SPECIALIZED ASSISTANCE AND MONITORING 
                   AUTHORIZED.

       (a) Additional SBDC Authority.--
       (1) In general.--Section 21(c)(3) of the Small Business Act 
     (15 U.S.C. 648(c)(3)) is amended--
       (A) in subparagraph (S), by striking ``and'' at the end;
       (B) in subparagraph (T), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(U) providing individualized assistance with respect to 
     financing, refinancing of existing debt, and business 
     counseling to small business concerns adversely affected, 
     directly or indirectly, by the terrorist attacks on September 
     11, 2001.''.
       (2) Waiver of matching requirements.--Section 21(a)(4)(A) 
     of the Small Business Act (15 U.S.C. 648(a)(4)(A)) is amended 
     by inserting before the period at the end the following: ``, 
     except that the matching requirements of this paragraph do 
     not apply with respect to any assistance provided under 
     subsection (c)(3)(U)''.
       (b) Additional SCORE Authority.--Section 8(b)(1)(B) of the 
     Small Business Act (15 U.S.C. 637(b)(1)(B) is amended--
       (1) by inserting ``(i)'' after ``(B)''; and
       (2) by adding at the end the following:
       ``(ii) The functions of the Service Corps of Retired 
     Executives (SCORE) shall include the provision of 
     individualized assistance with respect to financing, 
     refinancing of existing debt, and business counseling to 
     small business concerns adversely affected by the terrorist 
     attacks on September 11, 2001.''.
       (c) Additional Microloan Program Authority.--Section 7(m) 
     of the Small Business Act (15 U.S.C. 636(m)) is amended by 
     adding at the end the following:
       ``(14) Assistance after terrorist attacks of september 11, 
     2001.--Amounts made available under this subsection may be 
     used by intermediaries to provide individualized assistance 
     with respect to financing, refinancing of existing debt, and 
     business counseling to small business concerns adversely 
     affected by the terrorist attacks on September 11, 2001.''.
       (d) Additional Women's Business Development Center 
     Authority.--Section 29 of the Small Business Act (15 U.S.C. 
     656) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(4) individualized assistance with respect to financing, 
     refinancing of existing debt, and business counseling to 
     small business concerns that were adversely affected by the 
     terrorist attacks on September 11, 2001.''; and
       (2) in subsection (c), by adding at the end the following:
       ``(5) Waiver of matching requirements.--A recipient 
     organization shall not be subject to the non-Federal funding 
     requirements of paragraph (1) with respect to assistance 
     provided under subsection (b)(4).''.
       (e) Additional SBIC Authority.--Section 303 of the Small 
     Business Investment Act of 1958 (15 U.S.C. 683) is amended by 
     adding at the end the following:
       ``(k) Authority After Terrorist Attacks of September 11, 
     2001.--Small business investment companies are authorized and 
     encouraged to provide equity capital and to make loans to 
     small business concerns pursuant to sections 304(a) and 
     305(a) of the Small Business Investment Act of 1958, 
     respectively, for the purpose of providing assistance to 
     small business concerns adversely affected by the terrorist 
     attacks on September 11, 2001.''.

     SEC. 8. STUDY AND REPORT ON EFFECTS ON SMALL BUSINESS 
                   CONCERNS.

       (a) Study.--
       (1) In general.--The Office of Advocacy of the Small 
     Business Administration shall conduct annual studies for a 5-
     year period on the impact of the terrorist attacks 
     perpetrated against the United States on September 11, 2001, 
     on small business concerns, and the effects of assistance 
     provided under this Act on such small business concerns.
       (2) Contents.--The study conducted under paragraph (1) 
     shall include information regarding--
       (A) bankruptcies and business failures that occurred as a 
     result of the events of September 11, 2001, as compared to 
     those that occurred in 1999 and 2000;
       (B) the loss of jobs, revenue, and profits in small 
     business concerns as a result of those events, as compared to 
     those that occurred in 1999 and 2000;
       (C) the impact of assistance provided under this Act to 
     small business concerns adversely affected by those attacks, 
     including information regarding whether--
       (i) small business concerns that received such assistance 
     would have remained in business without such assistance;
       (ii) jobs were saved due to such assistance; and
       (iii) small business concerns that remained in business had 
     increases in employment and sales since receiving assistance.
       (b) Report.--The Office of Advocacy shall submit a report 
     to Congress on the studies required by subsection (a)(1), 
     specifically addressing the requirements of subsection 
     (a)(2), in September of each of fiscal years 2002 through 
     2006.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section, $500,000 for 
     each of fiscal years 2002 through 2006.

     SEC. 9. EMERGENCY EQUITABLE RELIEF FOR FEDERAL CONTRACTORS.

       (a) Guidance Required.--
       (1) In general.--Under guidance issued by the Administrator 
     for Federal Procurement Policy in conjunction with the 
     Administrator of the Small Business Administration, the head 
     of a contracting agency of the United States may increase the 
     price of a prime contract entered into by the agency prior to 
     September 11, 2001 with a small business concern (as defined 
     in section 3 of the Small Business Act) to the extent 
     determined equitable under this section on the basis of loss 
     resulting from security measures taken by the Federal 
     Government at Federal facilities as a result of the terrorist 
     attacks on September 11, 2001.
       (2) Expedited issuance.--Guidance required by paragraph (1) 
     shall be issued under expedited procedures, not later than 45 
     days after the date of enactment of this Act.
       (b) Expedited Procedures.--
       (1) In general.-- The Administrator for Federal Procurement 
     Policy shall prescribe expedited procedures for considering 
     whether to grant an equitable adjustment in the case of a 
     contract of an agency under subsection (a).
       (2) Requirements.--The procedures required by paragraph (1) 
     shall provide for--
       (A) an initial review of the merits of a contractor's 
     request by the contracting officer concerned with the 
     contract;
       (B) a final determination of the merits of the contractor's 
     request, including the value of any price adjustment, by the 
     Head of the Contracting Agency, in consultation with the 
     Administrator of the Small Business Administration, taking 
     into consideration the initial review under subparagraph (A); 
     and
       (C) payment from the fund established under subsection (d) 
     for the contract's price adjustment.
       (3) Timing.--The procedures required by paragraph (1) shall 
     require completion of action on a contractor's request for 
     adjustment not later than 30 days after the date on which the 
     contractor submits the request to the contracting officer 
     concerned.
       (c) Authorized Remedies.--In addition to making a price 
     adjustment under subsection (a), the time for performance of 
     a contract may be extended under this section.

[[Page 3942]]

       (d) Payment of Adjusted Price.--
       (1) Fund established.--The Secretary of the Treasury shall 
     establish a fund for the payment of contract price 
     adjustments under this section. Payments of amounts for price 
     adjustments shall be made out of the fund.
       (2) Availability.--Notwithstanding any other provision of 
     law, amounts in the fund under this subsection shall remain 
     available until expended.
       (e) Termination of Authority.--
       (1) Requests.--No request for adjustment under this section 
     may be accepted more than 330 days after the date of 
     enactment of this Act.
       (2) Termination.--The authority under this section shall 
     terminate 1 year after the date of enactment of this Act.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of the Treasury, for 
     deposit into the fund established under subsection (d), 
     $50,000,000 to carry out this section, including funds for 
     administrative expenses and costs. Any funds remaining in the 
     fund established under subsection (d) 1 year after the date 
     of enactment of this Act shall be transferred to the disaster 
     loan account of the Small Business Administration.

     SEC. 10. REPORTS TO CONGRESS.

       (a) Reports Required.--The Administrator of the Small 
     Business Administration shall submit regular reports to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives regarding the implementation of this Act and 
     the amendments made by this Act, including program delivery, 
     staffing, and administrative expenses related to such 
     implementation.
       (b) Frequency of Reports.--The reports required by 
     subsection (a) shall be submitted 20 days after the date of 
     enactment of this Act and monthly thereafter until 1 year 
     after the date of enactment of this Act, at which time the 
     reports shall be submitted on a quarterly basis through 
     December 31, 2003.

     SEC. 11. EXPEDITED ISSUANCE OF IMPLEMENTING GUIDELINES.

       Not later than 20 days after the date of enactment of this 
     Act, the Administrator of the Small Business Administration 
     shall issue interim final rules and guidelines to implement 
     this Act and the amendments made by this Act.

     SEC. 12. SPECIAL AUTHORIZATIONS OF APPROPRIATIONS.

       Section 20 of the Small Business Act (15 U.S.C. 631 note) 
     is amended by adding at the end the following:
       ``(j) Special Authorizations of Appropriations Following 
     Terrorist Attacks.--In addition to any other amounts 
     authorized by this Act for any fiscal year, there are 
     authorized to be appropriated to the Administration, to 
     remain available until expended--
       ``(1) for each of fiscal years 2002 through 2004, such sums 
     as may be necessary to carry out paragraph (4) of section 
     7(b), including necessary loan capital and funds for 
     administrative expenses related to making and servicing loans 
     pursuant to that paragraph;
       ``(2) for fiscal year 2002, $25,000,000, to be used for 
     activities of small business development centers pursuant to 
     section 21(c)(3)(U)--
       ``(A) $2,500,000 of which shall be used to assist small 
     business concerns (as that term is defined for purposes of 
     section 7(b)(4)) located in the areas of New York and the 
     contiguous areas designated by the President as a disaster 
     area following the terrorist attacks on September 11, 2001; 
     and
       ``(B) $1,500,000 of which shall be used to assist small 
     business concerns located in areas of Virginia and the 
     contiguous areas designated by the President as a disaster 
     area following those terrorist attacks;
       ``(3) for fiscal year 2002, $2,000,000, to be used under 
     the Service Corps of Retired Executives program authorized by 
     section 8(b)(1) for the activities described in section 
     8(b)(1)(B)(ii);
       ``(4) for fiscal year 2002, $5,000,000 for microloan 
     technical assistance authorized under section 7(m)(14);
       ``(5) for fiscal year 2002, $2,000,000 to be used for 
     activities of women's business centers authorized by section 
     29(b)(4);
       ``(6) for each of fiscal years 2002 through 2004, such sums 
     as may be necessary to carry out paragraphs (18)(C) and (31) 
     of section 7(a), including any funds necessary to offset fees 
     and amounts waived or reduced under those provisions, 
     necessary loan capital, and funds for administrative 
     expenses; and
       ``(7) for each of fiscal years 2002 through 2004, such sums 
     as may be necessary to carry out the temporary suspension of 
     fees under subsections (b)(7)(A) and (i) of section 503 of 
     the Small Business Investment Act of 1958, in response to the 
     terrorist attacks on September 11, 2001, including any funds 
     necessary to offset fees and amounts waived under those 
     provisions and including funds for administrative 
     expenses.''.
                                  ____

  SA 3077. Mr. DODD (for Mr. Nickles (for himself and Mr. Inhofe)) 
proposed an amendment to the bill S. 1321, to authorize the 
construction of a Native American Cultural Center and Museum in 
Oklahoma City, Oklahoma; as follows:

       Strike all after the enacting clause and insert in lieu 
     thereof the following:

     SECTION 1. OKLAHOMA NATIVE AMERICAN CULTURAL CENTER AND 
                   MUSEUM.

       (a) Findings.--Congress makes the following findings:
       (1) In order to promote better understanding between Indian 
     and non-Indian citizens of the United States, and in light of 
     the Federal Government's continuing trust responsibilities to 
     Indian tribes, it is appropriate, desirable, and a proper 
     function of the Federal Government to provide grants for the 
     development of a museum designated to display the heritage 
     and culture of Indian tribes.
       (2) In recognition of the unique status and history of 
     Indian tribes in the State of Oklahoma and the role of the 
     Federal Government in such history, it is appropriate and 
     proper for the museum referred to in paragraph (1) to be 
     located in the State of Oklahoma.
       (b) Grant.--
       (1) In general.--The Director shall offer to award 
     financial assistance equaling not more than $33,000,000 and 
     technical assistance to the Authority to be used for the 
     development and construction of a Native American Cultural 
     Center and Museum in Oklahoma City, Oklahoma.
       (2) Agreement.--To be eligible to receive a grant under 
     paragraph (1), the appropriate official of the Authority 
     shall--
       (A) enter into a grant agreement with the Director which 
     shall specify the duties of the Authority under this section, 
     including provisions for continual maintenance of the Center 
     by the Authority without the use of Federal funds; and
       (B) demonstrate, to the satisfaction of the Director, that 
     the Authority has raised, or has commitments from private 
     persons or State or local government agencies for, an amount 
     that is equal to not less than 66 percent of the cost to the 
     Authority of the activities to be carried out under the 
     grant.
       (3) Limitation.--The amount of any grant awarded under 
     paragraph (1) shall not exceed 33 percent of the cost of the 
     activities to be funded under the grant.
       (4) In-kind contribution.--When calculating the cost share 
     of the Authority under this Act, the Director shall reduce 
     such cost share obligation by the fair market value of the 
     approximately 300 acres of land donated by Oklahoma City for 
     the Center, if such land is used for the Center.
       (c) Definitions.--For the purposes of this Act:
       (1) Authority.--The term ``Authority'' means the Native 
     American Cultural and Educational Authority of Oklahoma, and 
     agency of the State of Oklahoma.
       (2) Center.--The term ``Center'' means the Native American 
     Cultural Center and Museum authorized pursuant to this 
     section.
       (3) Director.--The term ``Director'' means the Director of 
     the Institute of Museum and Library Services.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Director to grant assistance under 
     subsection (b)(1), $8,250,000 for each of fiscal years 2003 
     through 2006.

                          ____________________