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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3121 Reported in Senate (RS)]

                                                       Calendar No. 838
106th CONGRESS
  2d Session
                                S. 3121

                          [Report No. 106-422]

  To reauthorize programs to assist small business concerns, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

           September 27 (legislative day, September 22), 2000

Mr. Bond, from the Committee on Small Business, reported the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
  To reauthorize programs to assist small business concerns, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Small Business 
Reauthorization Act of 2000''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
          TITLE I--REAUTHORIZATION OF SMALL BUSINESS PROGRAMS

Sec. 101. Authorizations of appropriations.
              TITLE II--QUADRENNIAL SMALL BUSINESS SUMMIT

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. National and State Quadrennial Summits on Small Business.
Sec. 204. Purposes of Quadrennial Summits.
Sec. 205. Summit participants.
Sec. 206. Quadrennial Commission on Small Business.
Sec. 207. Authorization of appropriations; availability of funds.
     TITLE III--SMALL BUSINESS INVOLVEMENT IN GOVERNMENT REGULATION

Sec. 301. Short title.
Sec. 302. Findings and purposes.
Sec. 303. Ensuring full analysis of potential impacts on small entities 
                            of rules proposed by certain agencies.
Sec. 304. Definitions.
Sec. 305. Collection of information requirement.
Sec. 306. Effective date.
   TITLE IV--OFFICE OF ADVOCACY OF THE SMALL BUSINESS ADMINISTRATION

Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Purposes.
Sec. 404. Office of Advocacy.
                        TITLE V--CREDIT PROGRAMS

Sec. 501. Section 7(a) program.
Sec. 502. Small business investment companies.
Sec. 503. Microloan program.
Sec. 504. Small business lending company fees.
Sec. 505. Surety bonds.
Sec. 506. Development company debentures.
                       TITLE VI--HUBZONE PROGRAM

                 Subtitle A--HUBZones in Native America

Sec. 601. Short title.
Sec. 602. HUBZone small business concern.
Sec. 603. Qualified HUBZone small business concern.
Sec. 604. Other definitions.
                  Subtitle B--Other HUBZone Provisions

Sec. 611. Definitions.
Sec. 612. Eligible contracts.
Sec. 613. Correction of HUBZone reference.
Sec. 614. Community development.
Sec. 615. Reference correction.
      TITLE VII--NATIONAL WOMEN'S BUSINESS COUNCIL REAUTHORIZATION

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

Sec. 801. Native American small business development centers.
Sec. 802. Cosponsorship.
Sec. 803. Fraud and false statements.
Sec. 804. Financial institution civil penalties.
Sec. 805. Very small business program.
Sec. 806. SDB.
Sec. 807. Subcontracting preference for veterans.
Sec. 808. Size standards.
Sec. 809. Drug-free workplace program.

          TITLE I--REAUTHORIZATION OF SMALL BUSINESS PROGRAMS

SEC. 101. AUTHORIZATIONS OF APPROPRIATIONS.

    Section 20 of the Small Business Act (15 U.S.C. 631 note) is 
amended by striking subsections (c), (d), and (e) and inserting the 
following:
    ``(c) Fiscal Year 2001.--
            ``(1) Program levels.--The following program levels are 
        authorized for fiscal year 2001:
                    ``(A) For the programs authorized by this Act, the 
                Administration is authorized to make--
                            ``(i) $45,000,000 in technical assistance 
                        grants, as provided in section 7(m); and
                            ``(ii) $60,000,000 in direct loans, as 
                        provided in section 7(m).
                    ``(B) For the programs authorized by this Act, the 
                Administration is authorized to make $19,050,000,000 in 
                deferred participation loans and other financings, of 
                which, the Administration is authorized to make--
                            ``(i) $14,500,000,000 in general business 
                        loans, as provided in section 7(a);
                            ``(ii) $4,000,000,000 in financings, as 
                        provided in section 7(a)(13) of this Act and 
                        section 504 of the Small Business Investment 
                        Act of 1958;
                            ``(iii) $500,000,000 in loans, as provided 
                        in section 7(a)(21); and
                            ``(iv) $50,000,000 in loans, as provided in 
                        section 7(m).
                    ``(C) For the programs authorized by title III of 
                the Small Business Investment Act of 1958, the 
                Administration is authorized to make--
                            ``(i) $2,500,000,000 in purchases of 
                        participating securities; and
                            ``(ii) $1,500,000,000 in guarantees of 
                        debentures.
                    ``(D) For the programs authorized by part B of 
                title IV of the Small Business Investment Act of 1958, 
                the Administration is authorized to enter into 
                guarantees not to exceed $4,000,000,000, of which not 
                more than 50 percent may be in bonds approved pursuant 
                to section 411(a)(3) of that Act.
                    ``(E) The Administration is authorized to make 
                grants or enter into cooperative agreements--
                            ``(i) for a total amount of $5,000,000 for 
                        the Service Corps of Retired Executives program 
                        authorized by section 8(b)(1); and
                            ``(ii) for a total amount not to exceed 
                        $125,000,000 (to remain available until 
                        expended) for the activities of small business 
                        development centers pursuant to section 21.
            ``(2) Additional authorizations.--
                    ``(A) There are authorized to be appropriated to 
                the Administration for fiscal year 2001, such sums as 
                may be necessary to carry out the provisions of this 
                Act not elsewhere provided for, including 
                administrative expenses and necessary loan capital for 
                disaster loans pursuant to section 7(b), and to carry 
                out title IV of the Small Business Investment Act of 
                1958, including salaries and expenses of the 
                Administration.
                    ``(B) Notwithstanding any other provision of this 
                paragraph, for fiscal year 2001--
                            ``(i) no funds are authorized to be used as 
                        loan capital for the loan program authorized by 
                        section 7(a)(21), except by transfer from 
                        another Federal department or agency to the 
Administration, unless the program level authorized for general 
business loans under paragraph (1)(B)(i) is fully funded; and
                            ``(ii) the Administration may not approve 
                        loans on its own behalf or on behalf of any 
                        other Federal department or agency, by contract 
                        or otherwise, under terms and conditions other 
                        than those specifically authorized under this 
                        Act or the Small Business Investment Act of 
                        1958, except that the Administration may 
                        approve loans under section 7(a)(21) of this 
                        Act in gross amounts of not more than 
                        $1,250,000.
                    ``(C) There are authorized to be appropriated to 
                the Administration to carry out the program under 
                section 31, $7,500,000 for fiscal year 2001.
    ``(d) Fiscal Year 2002.--
            ``(1) Program levels.--The following program levels are 
        authorized for fiscal year 2002:
                    ``(A) For the programs authorized by this Act, the 
                Administration is authorized to make--
                            ``(i) $60,000,000 in technical assistance 
                        grants, as provided in section 7(m); and
                            ``(ii) $80,000,000 in direct loans, as 
                        provided in section 7(m).
                    ``(B) For the programs authorized by this Act, the 
                Administration is authorized to make $20,050,000,000 in 
                deferred participation loans and other financings, of 
                which, the Administration is authorized to make--
                            ``(i) $15,000,000,000 in general business 
                        loans, as provided in section 7(a);
                            ``(ii) $4,500,000,000 in financings, as 
                        provided in section 7(a)(13) of this Act and 
                        section 504 of the Small Business Investment 
                        Act of 1958;
                            ``(iii) $500,000,000 in loans, as provided 
                        in section 7(a)(21); and
                            ``(iv) $50,000,000 in loans, as provided in 
                        section 7(m).
                    ``(C) For the programs authorized by title III of 
                the Small Business Investment Act of 1958, the 
                Administration is authorized to make--
                            ``(i) $3,500,000,000 in purchases of 
                        participating securities; and
                            ``(ii) $2,500,000,000 in guarantees of 
                        debentures.
                    ``(D) For the programs authorized by part B of 
                title IV of the Small Business Investment Act of 1958, 
                the Administration is authorized to enter into 
                guarantees not to exceed $5,000,000,000, of which not 
                more than 50 percent may be in bonds approved pursuant 
                to section 411(a)(3) of that Act.
                    ``(E) The Administration is authorized to make 
                grants or enter into cooperative agreements--
                            ``(i) for a total amount of $6,000,000 for 
                        the Service Corps of Retired Executives program 
                        authorized by section 8(b)(1); and
                            ``(ii) for a total amount not to exceed 
                        $125,000,000 (to remain available until 
                        expended) for the activities of small business 
                        development centers pursuant to section 21.
            ``(2) Additional authorizations.--
                    ``(A) There are authorized to be appropriated to 
                the Administration for fiscal year 2002, such sums as 
                may be necessary to carry out the provisions of this 
                Act not elsewhere provided for, including 
                administrative expenses and necessary loan capital for 
                disaster loans pursuant to section 7(b), and to carry 
                out title IV of the Small Business Investment Act of 
                1958, including salaries and expenses of the 
                Administration.
                    ``(B) Notwithstanding any other provision of this 
                paragraph, for fiscal year 2002--
                            ``(i) no funds are authorized to be used as 
                        loan capital for the loan program authorized by 
                        section 7(a)(21), except by transfer from 
                        another Federal department or agency to the 
                        Administration, unless the program level 
                        authorized for general business loans under 
                        paragraph (1)(B)(i) is fully funded; and
                            ``(ii) the Administration may not approve 
                        loans on its own behalf or on behalf of any 
                        other Federal department or agency, by contract 
                        or otherwise, under terms and conditions other 
                        than those specifically authorized under this 
                        Act or the Small Business Investment Act of 
                        1958, except that the Administration may 
                        approve loans under section 7(a)(21) of this 
                        Act in gross amounts of not more than 
                        $1,250,000.
                    ``(C) There are authorized to be appropriated to 
                the Administration to carry out the program under 
                section 31, $7,500,000 for fiscal year 2002.
    ``(e) Fiscal Year 2003.--
            ``(1) Program levels.--The following program levels are 
        authorized for fiscal year 2003:
                    ``(A) For the programs authorized by this Act, the 
                Administration is authorized to make--
                            ``(i) $70,000,000 in technical assistance 
                        grants, as provided in section 7(m); and
                            ``(ii) $100,000,000 in direct loans, as 
                        provided in section 7(m).
                    ``(B) For the programs authorized by this Act, the 
                Administration is authorized to make $21,550,000,000 in 
                deferred participation loans and other financings, of 
                which, the Administration is authorized to make--
                            ``(i) $16,000,000,000 in general business 
                        loans, as provided in section 7(a);
                            ``(ii) $5,000,000,000 in financings, as 
                        provided in section 7(a)(13) of this Act and 
                        section 504 of the Small Business Investment 
                        Act of 1958;
                            ``(iii) $500,000,000 in loans, as provided 
                        in section 7(a)(21); and
                            ``(iv) $50,000,000 in loans, as provided in 
                        section 7(m).
                    ``(C) For the programs authorized by title III of 
                the Small Business Investment Act of 1958, the 
                Administration is authorized to make--
                            ``(i) $4,000,000,000 in purchases of 
                        participating securities; and
                            ``(ii) $3,000,000,000 in guarantees of 
                        debentures.
                    ``(D) For the programs authorized by part B of 
                title IV of the Small Business Investment Act of 1958, 
                the Administration is authorized to enter into 
                guarantees not to exceed $6,000,000,000, of which not 
                more than 50 percent may be in bonds approved pursuant 
                to section 411(a)(3) of that Act.
                    ``(E) The Administration is authorized to make 
                grants or enter into cooperative agreements--
                            ``(i) for a total amount of $7,000,000 for 
                        the Service Corps of Retired Executives program 
                        authorized by section 8(b)(1); and
                            ``(ii) for a total amount not to exceed 
                        $125,000,000 (to remain available until 
                        expended) for the activities of small business 
                        development centers pursuant to section 21.
            ``(2) Additional authorizations.--
                    ``(A) There are authorized to be appropriated to 
                the Administration for fiscal year 2003, such sums as 
                may be necessary to carry out the provisions of this 
                Act not elsewhere provided for, including 
                administrative expenses and necessary loan capital for 
                disaster loans pursuant to section 7(b), and to carry 
                out title IV of the Small Business Investment Act of 
                1958, including salaries and expenses of the 
                Administration.
                    ``(B) Notwithstanding any other provision of this 
                paragraph, for fiscal year 2003--
                            ``(i) no funds are authorized to be used as 
                        loan capital for the loan program authorized by 
                        section 7(a)(21), except by transfer from 
                        another Federal department or agency to the 
                        Administration, unless the program level 
                        authorized for general business loans under 
                        paragraph (1)(B)(i) is fully funded; and
                            ``(ii) the Administration may not approve 
                        loans on its own behalf or on behalf of any 
                        other Federal department or agency, by contract 
                        or otherwise, under terms and conditions other 
                        than those specifically authorized under this 
                        Act or the Small Business Investment Act of 
                        1958, except that the Administration may 
                        approve loans under section 7(a)(21) of this 
                        Act in gross amounts of not more than 
                        $1,250,000.
                    ``(C) There are authorized to be appropriated to 
                the Administration to carry out the program under 
                section 31, $7,500,000 for fiscal year 2003.''.

              TITLE II--QUADRENNIAL SMALL BUSINESS SUMMIT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Quadrennial Small Business Summit 
Act of 2000''.

SEC. 202. DEFINITIONS.

    In this title--
            (1) the term ``Administrator'' means the Administrator of 
        the Small Business Administration;
            (2) the term ``Chief Counsel'' means the Chief Counsel for 
        Advocacy of the Small Business Administration;
            (3) the term ``Quadrennial Commission'' means the national 
        Quadrennial Commission on Small Business established under 
        section 206;
            (4) the term ``Quadrennial Summit''--
                    (A) means the Quadrennial Summit on Small Business 
                conducted under section 203(a); and
                    (B) includes the last White House Conference on 
                Small Business occurring before 2002;
            (5) the term ``small business'' has the meaning given the 
        term ``small business concern'' in section 3 of the Small 
        Business Act;
            (6) the term ``State'' means any of the 50 States of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, and the United States Virgin Islands; and
            (7) the term ``State Summit'' means a State Summit on Small 
        Business conducted under section 203(b).

SEC. 203. NATIONAL AND STATE QUADRENNIAL SUMMITS ON SMALL BUSINESS.

    (a) Quadrennial Summits.--There shall be a national Quadrennial 
Summit on Small Business once every 4 years, to be held during the 
second year following each Presidential election, to carry out the 
purposes set forth in section 204.
    (b) State Summits.--Each Quadrennial Summit referred to in 
subsection (a) shall be preceded by a State Summit on Small Business, 
with not fewer than 1 such summit held in each State, and with not 
fewer than 2 such summits held in any State having a population of more 
than 10,000,000.

SEC. 204. PURPOSES OF QUADRENNIAL SUMMITS.

    The purposes of each Quadrennial Summit shall be--
            (1) to increase public awareness of the contribution of 
        small business to the national economy;
            (2) to identify the problems of small business;
            (3) to examine the status of minorities and women as small 
        business owners;
            (4) to assist small business in carrying out its role as 
        the Nation's job creator;
            (5) to assemble small businesses to develop such specific 
        and comprehensive recommendations for legislative and 
        regulatory action as may be appropriate for maintaining and 
        encouraging the economic viability of small business and 
        thereby, the Nation; and
            (6) to review the status of recommendations adopted at the 
        immediately preceding Quadrennial Summit on Small Business.

SEC. 205. SUMMIT PARTICIPANTS.

    (a) In General.--To carry out the purposes set forth in section 
204, the Quadrennial Commission shall conduct Quadrennial Summits and 
State Summits to bring together individuals concerned with issues 
relating to small business.
    (b) Summit Delegates.--
            (1) Qualification.--Only individuals who are owners or 
        officers of a small business shall be eligible for appointment 
        or election as delegates (or alternates) to the Quadrennial 
        Summit, or be eligible to vote in the selection of delegates at 
        the State Summits pursuant to this subsection.
            (2) Appointed delegates.--Two months before the date of the 
        first State Summit, there shall be--
                    (A) 1 delegate (and 1 alternate) appointed by the 
                Governor of each State;
                    (B) 1 delegate (and 1 alternate) appointed by each 
                Member of the House of Representatives, from the 
                congressional district of that Member;
                    (C) 1 delegate (and 1 alternate) appointed by each 
                Member of the Senate from the home State of that 
                Member; and
                    (D) 53 delegates (and 53 alternates) appointed by 
                the President, 1 from each State.
            (3) Elected delegates.--The participants at each State 
        Summit shall elect 3 delegates and 3 alternates to the 
        Quadrennial Summit for each congressional district within the 
        State, or part of the State represented at the Summit, or not 
        fewer than 9 delegates, pursuant to rules developed by the 
        Quadrennial Commission.
            (4) Powers and duties.--Delegates to each Quadrennial 
        Summit shall--
                    (A) attend the State summits in his or her 
                respective State;
                    (B) elect a delegation chairperson, vice 
                chairperson, and other leadership as may be necessary;
                    (C) conduct meetings and other activities at the 
                State level before the date of the Quadrennial Summit, 
                subject to the approval of the Quadrennial Commission; 
                and
                    (D) direct such State level summits, meetings, and 
                activities toward the consideration of the purposes set 
                forth in section 204, in order to prepare for the next 
                Quadrennial Summit.
            (5) Alternates.--Alternates shall serve during the absence 
        or unavailability of the delegate.
    (c) Role of the Chief Counsel.--The Chief Counsel shall, after 
consultation and in coordination with the Quadrennial Commission, 
assist in carrying out the Quadrennial Summits and State Summits 
required by this title by--
            (1) preparing and providing background information and 
        administrative materials for use by participants in the 
        summits;
            (2) distributing issue information and administrative 
        communications, electronically where possible through an 
        Internet web site and e-mail, and in printed form if requested;
            (3) maintaining an Internet web site and regular e-mail 
        communications after each Quadrennial Summit to inform 
        delegates and the public of the status of recommendations and 
        related governmental activity; and
            (4) maintaining, between summits, an active interim 
        organization of delegate representatives from each region of 
        the Administration, to advise the Chief Counsel on each of the 
        major small business issue areas, and monitor the progress of 
        the Summits' recommendations.
    (d) Expenses.--Each delegate (and alternate) to each Quadrennial 
Summit and State Summit--
            (1) shall be responsible for the expenses of that delegate 
        related to attending the summits; and
            (2) shall not be reimbursed either from funds appropriated 
        pursuant to this section or the Small Business Act.
    (e) Advisory Committee.--
            (1) In general.--The Quadrennial Commission shall appoint a 
        Summit Advisory Committee, which shall be composed of 10 
        individuals who were participants at the most recently 
        preceding Quadrennial Summit, to advise the Quadrennial 
        Commission on the organization, rules, and processes of the 
        Summits.
            (2) Preference.--Preference for appointment under this 
        subsection shall be given to individuals who have been active 
        participants in the implementation process following the most 
        recently preceding Quadrennial Summit.
    (f) Public Participation.--Quadrennial Summits and State Summits 
shall be open to the public, and no fee or charge may be imposed on any 
attendee, other than an amount necessary to cover the cost of any meal 
provided, plus a registration fee to defray the expense of meeting 
rooms and materials of not to exceed $15 per person.

SEC. 206. QUADRENNIAL COMMISSION ON SMALL BUSINESS.

    (a) Establishment.--There is established the Quadrennial Commission 
on Small Business.
    (b) Membership.--
            (1) Appointment.--The Quadrennial Commission shall be 
        composed of 9 members, including--
                    (A) the Chief Counsel;
                    (B) 4 members appointed by the President;
                    (C) 1 member appointed by the Majority Leader of 
                the Senate;
                    (D) 1 member appointed by the Minority Leader of 
                the Senate;
                    (E) 1 member appointed by the Majority Leader of 
                the House of Representatives; and
                    (F) 1 member appointed by the Minority Leader of 
                the House of Representatives.
            (2) Selection.--Members of the Quadrennial Commission 
        described in subparagraphs (B) through (F) of paragraph (1) 
        shall be selected from among distinguished individuals noted 
        for their knowledge and experience in fields relevant to the 
        issue of small business and the purposes set forth in section 
        204.
            (3) Time of appointment.--The appointments required by 
        paragraph (1)--
                    (A) shall be made not later than 18 months before 
                the opening date of each Quadrennial Summit; and
                    (B) shall expire 6 months after the date on which 
                each Quadrennial Summit is convened.
    (c) Election of Chairperson.--At the first meeting of the 
Quadrennial Commission, a majority of the members present and voting 
shall elect a member of the Quadrennial Commission to serve as the 
Chairperson.
    (d) Powers and Duties of Commission.--The Quadrennial Commission--
            (1) may enter into contracts with public agencies, private 
        organizations, and academic institutions to carry out this 
        title;
            (2) shall consult, coordinate, and contract with an 
        independent, nonpartisan organization that--
                    (A) has both substantive and logistical experience 
                in developing and organizing conferences and forums 
                throughout the Nation with elected officials and other 
                government and business leaders;
                    (B) has experience in generating private resources 
                from multiple States in the form of event sponsorships; 
                and
                    (C) can demonstrate evidence of a working 
                relationship with Members of Congress from the majority 
                and minority parties, and at least 1 Federal agency; 
                and
            (3) shall prescribe such financial controls and accounting 
        procedures as needed for the handling of funds from fees and 
        charges and the payment of authorized meal, facility, travel, 
        and other related expenses.
    (e) Planning and Administration of Summits.--In carrying out the 
Quadrennial Summits and State Summits, the Quadrennial Commission shall 
consult with--
            (1) the Chief Counsel;
            (2) Congress; and
            (3) such other Federal agencies as the Quadrennial 
        Commission determines to be appropriate.
    (f) Reports Required.--Not later than 6 months after the date on 
which each Quadrennial Summit is convened, the Quadrennial Commission 
shall submit to the President and to the Chairpersons and Ranking 
Members of the Committees on Small Business of the Senate and the House 
of Representatives a final report, which shall--
            (1) include the findings and recommendations of the 
        Quadrennial Summit and any proposals for legislative action 
necessary to implement those recommendations; and
            (2) be made available to the public.
    (g) Quorum.--Four voting members of the Quadrennial Commission 
shall constitute a quorum for purposes of transacting business.
    (h) Meetings.--The Quadrennial Commission shall meet not later than 
20 calendar days after the appointment of the initial members of the 
Quadrennial Commission, and not less frequently than every 30 calendar 
days thereafter.
    (i) Vacancies.--Any vacancy on the Quadrennial Commission shall not 
affect its powers, but shall be filled in the manner in which the 
original appointment was made.
    (j) Executive Director and Staff.--The Quadrennial Commission may 
appoint and compensate an Executive Director and such other personnel 
to conduct the Quadrennial Summits and State Summits as the Quadrennial 
Commission may determine to be advisable, without regard to title 5, 
United States Code, governing appointments in the competitive service, 
and without regard to chapter 51 and subchapter III of chapter 53 of 
such title, relating to classification and General Schedule pay rates, 
except that the rate of pay for the Executive Director and other 
personnel may not exceed the rate payable for level V of the Executive 
Schedule under section 5316 of such title.
    (k) Funding.--Members of the Quadrennial Commission shall be 
allowed travel expenses, including per diem in lieu of subsistence at 
rates authorized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while away from their homes 
or regular places of business in the performance of services for the 
Quadrennial Commission.

SEC. 207. AUTHORIZATION OF APPROPRIATIONS; AVAILABILITY OF FUNDS.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out each Quadrennial Summit and the State Summits 
required by this title, $5,000,000, which shall remain available until 
expended. New spending authority or authority to enter contracts as 
provided in this title shall be effective only to such extent and in 
such amounts as are provided in advance in appropriations Acts.
    (b) Specific Earmark.--No amount made available to the Small 
Business Administration may be made available to carry out this title, 
other than amounts made available specifically for the purpose of 
conducting the Quadrennial Summits and State Summits.

     TITLE III--SMALL BUSINESS INVOLVEMENT IN GOVERNMENT REGULATION

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Small Business Advocacy Review 
Panel Technical Amendments Act of 2000''.

SEC. 302. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) a vibrant and growing small business sector is critical 
        to creating jobs in a dynamic economy;
            (2) small businesses bear a disproportionate share of 
        regulatory costs and burdens;
            (3) Federal agencies must consider the impact of their 
        regulations on small businesses early in the rulemaking 
        process; and
            (4) the Small Business Advocacy Review Panel process 
        established by the Small Business Regulatory Enforcement 
        Fairness Act of 1996 has been effective in allowing small 
        businesses to participate in rules that are being developed by 
        the Environmental Protection Agency and the Occupational Safety 
        and Health Administration.
    (b) Purposes.--The purposes of this title are--
            (1) to provide a forum for the effective participation of 
        small businesses in the Federal regulatory process;
            (2) to clarify and strengthen the Small Business Advocacy 
        Review Panel process; and
            (3) to expand the number of Federal agencies that are 
        required to convene Small Business Advocacy Review Panels.

SEC. 303. ENSURING FULL ANALYSIS OF POTENTIAL IMPACTS ON SMALL ENTITIES 
              OF RULES PROPOSED BY CERTAIN AGENCIES.

    Section 609(b) of title 5, United States Code, is amended to read 
as follows:
    ``(b)(1) Before the publication of an initial regulatory 
flexibility analysis that a covered agency is required to conduct under 
this chapter, the head of the covered agency shall--
            ``(A) notify the Chief Counsel for Advocacy of the Small 
        Business Administration (referred to in this subsection as the 
        `Chief Counsel') in writing;
            ``(B) provide the Chief Counsel with information on the 
        potential impacts of the proposed rule on small entities and 
        the type of small entities that might be affected; and
            ``(C) not later than 30 days after complying with 
        subparagraphs (A) and (B)--
                    ``(i) in consultation with the Chief Counsel, 
                identify affected small entity representatives; and
                    ``(ii) transmit to the identified small entity 
                representatives a detailed summary of the information 
                referred to in subparagraph (B) or the information in 
                full, if so requested by the small entity 
                representative, for the purposes of obtaining advice 
                and recommendations about the potential impacts of the 
                draft proposed rule.
    ``(2)(A) Not earlier than 30 days after the covered agency 
transmits information under paragraph (1)(C)(ii), the head of the 
covered agency shall convene a review panel for the draft proposed 
rule. The review panel shall consist solely of full-time Federal 
employees of the office within the covered agency that will be 
responsible for carrying out the proposed rule, the Office of 
Information and Regulatory Affairs of the Office of Management and 
Budget, and the Chief Counsel.
    ``(B) The review panel shall--
            ``(i) review any material that the covered agency has 
        prepared in connection with this chapter, including any draft 
        proposed rule;
            ``(ii) collect advice and recommendations from the small 
        entity representatives identified under paragraph (1)(C)(i) on 
        issues related to paragraphs (3), (4), and (5) of section 
        603(b) and section 603(c); and
            ``(iii) allow any small entity representative identified 
        under paragraph (1)(C)(i) to make an oral presentation to the 
        review panel, if requested.
    ``(C) Not later than 60 days after the date a covered agency 
convenes a review panel under this paragraph, the review panel shall 
report to the head of the covered agency on--
            ``(i) the comments received from the small entity 
        representatives identified under paragraph (1)(C)(i); and
            ``(ii) the findings of the review panel regarding issues 
        related to paragraphs (3), (4), and (5) of section 603(b) and 
        section 603(c).
    ``(3)(A) Except as provided in subparagraph (B), the head of the 
covered agency shall print in the Federal Register the report of the 
review panel under paragraph (2)(C), including any written comments 
submitted by the small entity representatives and any appendices cited 
in the report, as soon as practicable, but not later than--
            ``(i) 180 days after the date on which the head of the 
        covered agency receives the report; or
            ``(ii) the date of the publication of the notice of 
        proposed rulemaking for the proposed rule.
    ``(B) The report of the review panel printed in the Federal 
Register shall not include any confidential business information 
submitted by any small entity representative.
    ``(4) If appropriate, the covered agency shall modify the draft 
proposed rule, the initial regulatory flexibility analysis for the 
draft proposed rule, or the decision on whether an initial regulatory 
flexibility analysis is required for the draft proposed rule.''.

SEC. 304. DEFINITIONS.

    Section 609(d) of title 5, United States Code, is amended to read 
as follows:
    ``(d) In this section--
            ``(1) the term `covered agency' means the Environmental 
        Protection Agency, the Occupational Safety and Health 
        Administration of the Department of Labor, and the Internal 
        Revenue Service of the Department of the Treasury; and
            ``(2) the term `small entity representative' means a small 
        entity, or an individual or organization that primarily 
        represents the interests of 1 or more small entities.''.

SEC. 305. COLLECTION OF INFORMATION REQUIREMENT.

    (a) Definition.--Section 601 of title 5, United States Code, is 
amended--
            (1) in paragraph (5) by inserting ``and'' after the 
        semicolon;
            (2) in paragraph (6) by striking ``; and'' and inserting a 
        period; and
            (3) by striking paragraphs (7) and (8).
    (b) Initial Regulatory Flexibility Analysis.--The fifth sentence of 
section 603 of title 5, United States Code, is amended to read as 
follows: ``In the case of an interpretative rule involving the internal 
revenue laws of the United States, this chapter applies to 
interpretative rules (including proposed, temporary, and final 
regulations) published in the Federal Register for codification in the 
Code of Federal Regulations.''.

SEC. 306. EFFECTIVE DATE.

    This title and the amendments made by this title shall take effect 
90 days after the date of enactment of this Act.

   TITLE IV--OFFICE OF ADVOCACY OF THE SMALL BUSINESS ADMINISTRATION

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Independent Office of Advocacy 
Act''.

SEC. 402. FINDINGS.

    Congress finds that--
            (1) excessive regulations continue to burden the Nation's 
        small businesses;
            (2) Federal agencies are reluctant to comply with the 
        requirements of chapter 6 of title 5, United States Code, and 
        continue to propose regulations that impose disproportionate 
        burdens on small businesses;
            (3) the Office of Advocacy of the Small Business 
        Administration (referred to in this title as the ``Office'') is 
        an effective advocate for small businesses that can help to 
        ensure that agencies are responsive to small businesses and 
        that agencies comply with their statutory obligations under 
        chapter 6 of title 5, United States Code, and under the Small 
        Business Regulatory Enforcement Fairness Act of 1996 (Public 
        Law 104-121; 106 Stat. 4249 et seq.);
            (4) the independence of the Office is essential to ensure 
        that it can serve as an effective advocate for small 
        businesses, without being restricted by the views or policies 
        of the Small Business Administration or any other executive 
        branch agency;
            (5) the Office needs sufficient resources to conduct the 
        research required to assess effectively the impact of 
        regulations on small businesses; and
            (6) the research, information, and expertise of the Office 
        make it a valuable adviser to Congress, as well as the 
        executive branch agencies with which the Office works on behalf 
        of small businesses.

SEC. 403. PURPOSES.

    The purposes of this title are--
            (1) to ensure that the Office has the statutory 
        independence and adequate financial resources to advocate for 
        and on behalf of small businesses;
            (2) to require that the Office report to the Chairmen and 
        Ranking Members of the Committees on Small Business of the 
        Senate and the House of Representatives and the Administrator 
        of the Small Business Administration in order to keep them 
        fully and currently informed about issues and regulations 
        affecting small businesses and the necessity for corrective 
        action by the regulatory agency or Congress;
            (3) to provide a separate authorization for appropriations 
        for the Office;
            (4) to authorize the Office to report to the President and 
        to Congress regarding agency compliance with chapter 6 of title 
        5, United States Code; and
            (5) to enhance the role of the Office pursuant to chapter 6 
        of title 5, United States Code.

SEC. 404. OFFICE OF ADVOCACY.

    (a) In General.--The Small Business Act (15 U.S.C. 631 et seq.) is 
amended--
            (1) by redesignating sections 32 through 34 as sections 33 
        through 35, respectively; and
            (2) by inserting after section 31 the following:

``SEC. 32. OFFICE OF ADVOCACY.

    ``(a) Definitions.--In this section--
            ``(1) the term `Chief Counsel' means the Chief Counsel for 
        Advocacy appointed under subsection (b); and
            ``(2) the term `Office' means the Office of Advocacy 
        established under subsection (b).
    ``(b) Establishment.--
            ``(1) In general.--There is established in the 
        Administration an Office of Advocacy.
            ``(2) Chief counsel for advocacy.--
                    ``(A) In general.--The management of the Office 
                shall be vested in a Chief Counsel for Advocacy, who 
                shall be appointed from civilian life by the President, 
                by and with the advice and consent of the Senate, 
                without regard to political affiliation and solely on 
                the ground of fitness to perform the duties of the 
                office.
                    ``(B) Employment restriction.--The individual 
                appointed to the office of Chief Counsel may not serve 
                as an officer or employee of the Administration during 
                the 5-year period preceding the date of appointment.
                    ``(C) Removal.--The Chief Counsel may be removed 
                from office by the President, and the President shall 
                notify Congress of any such intent to remove the Chief 
                Counsel not later than 30 days before the removal.
            ``(3) Appropriation request.--Each appropriation request 
        prepared and submitted by the Administration under section 1108 
        of title 31, United States Code, shall include a separate 
        request relating to the Office.
    ``(c) Primary Functions.--The Office shall--
            ``(1) examine the role of small business concerns in the 
        economy of the United States and the contribution that small 
        business concerns can make in improving competition, 
        encouraging economic and social mobility for all citizens, 
        restraining inflation, spurring production, expanding 
        employment opportunities, increasing productivity, promoting 
        exports, stimulating innovation and entrepreneurship, and 
        providing the means by which new and untested products and 
        services can be brought to the marketplace;
            ``(2) assess the effectiveness of Federal subsidy and 
        assistance programs for small business concerns and the 
        desirability of reducing the emphasis on those programs and 
        increasing the emphasis on general assistance programs designed 
        to benefit all small business concerns;
            ``(3) measure the direct costs and other effects of 
        government regulation of small business concerns, and make 
        legislative, regulatory, and nonlegislative proposals for 
        eliminating the excessive or unnecessary regulation of small 
        business concerns;
            ``(4) determine the impact of the tax structure on small 
        business concerns and make legislative, regulatory, and other 
        proposals for altering the tax structure to enable all small 
        business concerns to realize their potential for contributing 
        to the improvement of the Nation's economic well-being;
            ``(5) study the ability of financial markets and 
        institutions to meet small business concerns credit needs and 
        determine the impact of government demands on credit for small 
        business concerns;
            ``(6) determine financial resource availability and 
        recommend methods for--
                    ``(A) delivery of financial assistance to minority 
                and women-owned small business concerns, including 
                methods for securing equity capital;
                    ``(B) generating markets for goods and services;
                    ``(C) providing effective business education, more 
                effective management and technical assistance, and 
                training; and
                    ``(D) assistance in complying with Federal, State, 
                and local laws;
            ``(7) evaluate the efforts of Federal agencies and the 
        private sector to assist minority and women-owned small 
        business concerns;
            ``(8) make such recommendations as may be appropriate to 
        assist the development and strengthening of minority, women-
        owned, and other small business concerns;
            ``(9) recommend specific measures for creating an 
        environment in which all businesses will have the opportunity 
        to--
                    ``(A) compete effectively and expand to their full 
                potential; and
                    ``(B) ascertain any common reasons for small 
                business successes and failures;
            ``(10) determine the desirability of developing a set of 
        rational, objective criteria to be used to define small 
        business, and to develop such criteria, if appropriate; and
            ``(11) make recommendations and submit reports to the 
        Chairmen and Ranking Members of the Committees on Small 
        Business of the Senate and the House of Representatives and the 
        Administrator with respect to issues and regulations affecting 
        small business concerns and the necessity for corrective action 
        by the Administrator, any Federal department or agency, or 
        Congress.
    ``(d) Additional Functions.--The Office shall, on a continuing 
basis--
            ``(1) serve as a focal point for the receipt of complaints, 
        criticisms, and suggestions concerning the policies and 
activities of the Administration and any other department or agency of 
the Federal Government that affects small business concerns;
            ``(2) counsel small business concerns on the means by which 
        to resolve questions and problems concerning the relationship 
        between small business concerns and the Federal Government;
            ``(3) develop proposals for changes in the policies and 
        activities of departments and agencies of the Federal 
        Government that, in the determination of the Office, will 
        better fulfill the purposes of this section and communicate 
        such proposals to the appropriate departments and agencies of 
        the Federal Government;
            ``(4) represent the views and interests of small business 
        concerns before other departments and agencies of the Federal 
        Government, the policies and activities of which may affect 
        small business;
            ``(5) enlist the cooperation and assistance of public and 
        private agencies, business concerns, and other organizations in 
        disseminating information about the programs and services 
        provided by the Federal Government that are of benefit to small 
        business concerns, and information on the means by which small 
        business concerns can participate in or make use of those 
        programs and services; and
            ``(6) carry out the responsibilities of the Office under 
        chapter 6 of title 5, United States Code.
    ``(e) Staff and Powers.--
            ``(1) Staff.--
                    ``(A) In general.--The Chief Counsel may, without 
                regard to the civil service laws and regulations, 
                appoint and terminate such additional personnel as may 
                be necessary to enable the Chief Counsel to perform the 
                duties of the Chief Counsel under this section.
                    ``(B) Compensation.--The Chief Counsel may fix the 
                compensation of personnel appointed under this 
                paragraph without regard to the provisions of chapter 
                51 and subchapter III of chapter 53 of title 5, United 
                States Code, relating to classification of positions 
                and General Schedule pay rates, but at rates not to 
                exceed the minimum rate payable for a position at GS-15 
                of the General Schedule, except that not more than 14 
                employees of the Office at any one time may be 
                compensated at a rate not to exceed the maximum rate 
                payable for a position at GS-15 of the General 
                Schedule.
            ``(2) Powers.--In carrying out this section, the Chief 
        Counsel may--
                    ``(A) procure temporary and intermittent services 
                to the same extent as is authorized by section 3109 of 
                title 5, United States Code;
                    ``(B) consult with--
                            ``(i) experts and authorities in the fields 
                        of small business investment, venture capital, 
                        investment and commercial banking, and other 
                        comparable financial institutions involved in 
                        the financing of business; and
                            ``(ii) individuals with regulatory, legal, 
                        economic, or financial expertise, including 
                        members of the academic community, and 
                        individuals who generally represent the public 
                        interest;
                    ``(C) use the services of the National Advisory 
                Council established under section 8(b) and, in 
                accordance with that section, appoint such other 
                advisory boards or committees as the Chief Counsel 
                determines to be reasonably necessary and appropriate 
                to carry out this section; and
                    ``(D) hold hearings and sit and act at such times 
                and places as the Chief Counsel determines to be 
                appropriate.
    ``(f) Overhead and Administrative Support.--The Administrator 
shall--
            ``(1) provide the Office with appropriate and adequate 
        office space at central and field office locations of the 
        Administration, together with such equipment, office supplies, 
        and communications facilities and services as may be necessary 
        for the operation of such offices; and
            ``(2) provide necessary maintenance services for those 
        offices, equipment, and facilities.
    ``(g) Information From Federal Agencies.--The Chief Counsel may 
secure directly from any department or agency of the Federal Government 
such information as the Chief Counsel considers to be necessary to 
carry out this section. Upon request of the Chief Counsel, the head of 
such department or agency shall furnish such information to the Office.
    ``(h) Reports.--
            ``(1) Annual reports.--Not less than annually, the Chief 
        Counsel shall submit to the President and to the Committees on 
        Small Business of the Senate and the House of Representatives, 
        the Committee on Governmental Affairs of the Senate, the 
        Committee on Government Reform of the House of Representatives, 
        and the Committees on the Judiciary of the Senate and the House 
        of Representatives, a report on agency compliance with chapter 
        6 of title 5, United States Code.
            ``(2) Additional reports.--In addition to the reports 
        required under paragraph (1) of this subsection and subsection 
        (c)(11), the Chief Counsel may prepare and publish such reports 
        as the Chief Counsel determines to be appropriate.
            ``(3) Prohibition.--No report under this section shall be 
        submitted to the Office of Management and Budget or to any 
        other department or agency of the Federal Government for any 
        purpose before submission of the report to the President and to 
        Congress.
    ``(i) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Office to carry out this section such sums as may be 
        necessary for each fiscal year.
            ``(2) Availability.--Any sums appropriated under paragraph 
        (1) shall remain available, without fiscal year limitation, 
        until expended.''.
    (b) Repeal.--Title II of Public Law 94-305 (15 U.S.C. 634a et seq.) 
is repealed.
    (c) Incumbent Chief Counsel for Advocacy.--The individual serving 
as the Chief Counsel for Advocacy of the Small Business Administration 
on the date of enactment of this Act shall continue to serve in that 
position after such date in accordance with section 32 of the Small 
Business Act, as amended by this section.

                        TITLE V--CREDIT PROGRAMS

SEC. 501. SECTION 7(A) PROGRAM.

    (a) Levels of Participation.--Section 7(a)(2)(A) of the Small 
Business Act (15 U.S.C. 636(a)(2)(A)) is amended by striking clauses 
(i) and (ii) and inserting the following:
                            ``(i) 75 percent of the balance of the 
                        financing outstanding at the time of 
                        disbursement of the loan, if the balance is 
                        equal to more than $150,000; or
                            ``(ii) 85 percent of the balance of the 
                        financing outstanding at the time of 
                        disbursement of the loan, if the balance is not 
                        more than $150,000.''.
    (b) Loan Amounts.--Section 7(a)(3)(A) of the Small Business Act (15 
U.S.C. 636(a)(3)(A)) is amended by striking ``$750,000,'' and 
inserting, ``$1,000,000 (or if the gross loan amount would exceed 
$2,000,000),''.
    (c) Interest on Defaulted Loans.--Section 7(a)(4)(B) of the Small 
Business Act (15 U.S.C. 636(a)(4)(B)) is amended by adding at the end 
the following:
                            ``(iii) Applicability.--Clauses (i) and 
                        (ii) shall not apply to any loan made on or 
                        after October 1, 2000.''.
    (d) Prepayment of Loans.--Section 7(a)(4) of the Small Business Act 
(15 U.S.C. 636(a)(4)) is amended--
            (1) by striking ``(4) Interest rates and fees.--'' and 
        inserting ``(4) Interest rates and prepayment charges.--''; and
            (2) by adding at the end the following:
                    ``(C) Prepayment charges.--
                            ``(i) In general.--A borrower who prepays 
                        any loan guaranteed under this subsection shall 
                        remit to the Administration a subsidy 
                        recoupment fee calculated in accordance with 
                        clause (ii), if--
                                    ``(I) the loan is for a term of not 
                                less than 15 years;
                                    ``(II) the prepayment is voluntary;
                                    ``(III) the amount of prepayment in 
                                any calendar year is more than 25 
                                percent of the outstanding balance of 
                                the loan; and
                                    ``(IV) the prepayment is made 
                                within the first 3 years after 
                                disbursement of the loan proceeds.
                            ``(ii) Subsidy recoupment fee.--The subsidy 
                        recoupment fee charged under clause (i) shall 
                        be--
                                    ``(I) 5 percent of the amount of 
                                prepayment, if the borrower prepays 
                                during the first year after 
                                disbursement;
                                    ``(II) 3 percent of the amount of 
                                prepayment, if the borrower prepays 
                                during the second year after 
                                disbursement; and
                                    ``(III) 1 percent of the amount of 
                                prepayment, if the borrower prepays 
                                during the third year after 
                                disbursement.''.
    (e) Guarantee Fees.--Section 7(a)(18) of the Small Business Act (15 
U.S.C. 636(a)(18)) is amended to read as follows:
            ``(18) Guarantee fees.--
                    ``(A) In general.--With respect to each loan 
                guaranteed under this subsection (other than a loan 
                that is repayable in 1 year or less), the 
                Administration shall collect a guarantee fee, which 
                shall be payable by the participating lender, and may 
                be charged to the borrower, as follows:
                            ``(i) A guarantee fee equal to 2 percent of 
                        the deferred participation share of a total 
                        loan amount that is not more than $150,000.
                            ``(ii) A guarantee fee equal to 3 percent 
                        of the deferred participation share of a total 
                        loan amount that is more than $150,000, but 
                        less than $700,000.
                            ``(iii) A guarantee fee equal to 3.5 
                        percent of the deferred participation share of 
                        a total loan amount that is more than $700,000.
                    ``(B) Retention of certain fees.--Lenders 
                participating in the programs established under this 
                subsection may retain not more than 25 percent of a fee 
                collected under subparagraph (A)(i).''.
    (f) Lease Terms.--Section 7(a) of the Small Business Act (15 U.S.C. 
636(a)) is amended by adding at the end the following:
            ``(28) Leasing.--In addition to such other lease 
        arrangements as may be authorized by the Administration, a 
        borrower may permanently lease to 1 or more tenants not more 
        than 20 percent of any property constructed with the proceeds 
        of a loan guaranteed under this subsection, if the borrower 
        permanently occupies and uses not less than 60 percent of the 
        total business space in the property.''.
    (g) Background Checks.--Section 7(a)(1)(B) of the Small Business 
Act (15 U.S.C. 636(a)(1)(B)) is amended to read as follows:
                    ``(B) Background checks.--
                            ``(i) In general.--For the purpose of any 
                        loan made pursuant to this subsection, or 
                        section 503 of the Small Business Investment 
                        Act of 1958, the Administrator may--
                                    ``(I) conduct a criminal background 
                                check of any applicant, loan packager, 
                                lender service provider, referral 
                                agent, or a principal thereof, through 
                                the National Crime Information Center 
                                computer system at the Federal Bureau 
                                of Investigation, and other appropriate 
                                sources; and
                                    ``(II) require any person or entity 
                                described in subclause (I) to provide 
                                identifying information (including a 
                                social security account number) needed 
                                to perform such criminal background 
                                check.
                            ``(ii) Cooperation.--The Director of the 
                        Federal Bureau of Investigation shall, upon 
                        request of the Administrator, make available to 
                        the Administrator use of the National Crime 
                        Information Center computer system for purposes 
                        of clause (i).''.

SEC. 502. SMALL BUSINESS INVESTMENT COMPANIES.

    (a) Capital Requirements.--Section 302(b) of the Small Business 
Investment Act of 1958 (15 U.S.C. 682(b)) is amended--
            (1) by striking ``(b) Notwithstanding'' and inserting the 
        following:
    ``(b) Financial Institution Investments.--
            ``(1) Certain banks.--Notwithstanding''; and
            (2) by adding at the end the following:
            ``(2) Certain savings associations.--Notwithstanding any 
        other provision of law, any Federal savings association may 
        invest in any 1 or more small business investment companies, or 
        in any entity established to invest solely in small business 
        investment companies, except that in no event may the total 
        amount of such investments by any such Federal savings 
        association exceed 5 percent of the capital and surplus of the 
        Federal savings association.''.
    (b) Technical Amendment.--Section 303(b) of the Small Business 
Investment Act of 1958 (15 U.S.C. 683(b)) is amended in the material 
immediately following paragraph (4)(C), by striking ``For purposes'' 
and all that follows through ``equity financing.''.
    (c) Enforcement Provisions.--Section 311 of the Small Business 
Investment Act of 1958 (15 U.S.C. 687c) is amended--
            (1) by striking the section heading and inserting the 
        following:

    ``injunctions, other orders, and statutes of limitations''; and

            (2) by adding at the end the following:
    ``(d) Statutes of Limitations.--Notwithstanding any contractual 
provision to the contrary, the applicable statute of limitations with 
regard to any action brought by the Administration based on a claim 
formerly held by a current or former licensee shall be the longer of--
            ``(1) the periods provided for in sections 2415 and 2416 of 
        title 28, United States Code; or
            ``(2) the expiration of 6 years (for contract claims) or 3 
        years (for tort claims) following the date on which such claim 
        is assigned to the Administration.
    ``(e) State Law.--
            ``(1) In general.--In the case of any tort claim described 
        in paragraph (2) for which the statute of limitations 
        applicable under State law with respect to such claim has 
        expired not more than 5 years before the assignment of such 
        claim to the Administration, the Administration may bring an 
        action on such claim without regard to the expiration of the 
        statute of limitations applicable under that State law.
            ``(2) Definition.--A tort claim described in this paragraph 
        is a claim arising from fraud, intentional misconduct resulting 
        in unjust enrichment, or intentional misconduct that causes 
        actual damages of $100,000 or more.''.
    (d) Disciplinary Actions.--Section 313 of the Small Business 
Investment Act of 1958 (15 U.S.C. 687e) is amended--
            (1) by striking the section heading and inserting the 
        following:

 ``removal or suspension of officers, directors, employees, agents, or 
                            participants'';

            (2) by striking ``director or officer of a licensee'' each 
        place that term appears and inserting ``covered person'';
            (3) by striking ``director or officer'' each place that 
        term appears and inserting ``covered person''; and
            (4) by adding at the end the following:
    ``(g) Covered Person.--In this section, the term `covered person' 
means an officer, director, employee, agent, or other participant in 
the management or conduct of the affairs of a licensee.''.
    (e) Corrections.--
            (1) Definitions.--
                    (A) Small business concern.--Section 103(5)(A) of 
                the Small Business Investment Act of 1958 (15 U.S.C. 
                662(5)(A)) is amended--
                            (i) in clause (i), by inserting before the 
                        semicolon ``, regardless of the allocation of 
                        control during the investment period under any 
                        investment agreement between the business 
                        concern and the entity making the investment''; 
                        and
                            (ii) in clause (iii), by striking the 
                        period at the end and inserting ``; and''.
                    (B) Long term.--Section 103 of the Small Business 
                Investment Act of 1958 (15 U.S.C. 662) is amended--
                            (i) in paragraph (15), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (16), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(17) the term `long term', when used in connection with 
        equity capital or loan funds invested in any small business 
        concern or smaller enterprise, means any period of time of not 
        less than 1 year.''.
            (2) Subsidy fees.--
                    (A) Debentures.--Section 303(b) of the Small 
                Business Investment Act of 1958 (15 U.S.C. 683(b)) is 
                amended in the fifth sentence, by striking ``plus an 
                additional charge of 1 percent per annum which shall be 
                paid to and retained by the Administration'' and 
                inserting ``plus an additional charge, which shall be 
                paid to and retained by the Administration, in an 
                amount established annually by the Administration, 
                which amount shall not exceed the lesser of 1 percent 
                per year or the minimum amount necessary to reduce the 
                cost (as defined in section 502 of the Federal Credit 
                Reform Act of 1990 (2 U.S.C. 661a)) to the 
                Administration of purchasing and guaranteeing 
                debentures under this Act to zero''.
                    (B) Participating securities.--Section 303(g)(2) of 
                the Small Business Investment Act of 1958 (15 U.S.C. 
                683(g)(2)) is amended by striking ``plus an additional 
                charge of 1 percent per annum which shall be paid to 
                and retained by the Administration'' and inserting 
                ``plus an additional charge, which shall be paid to and 
                retained by the Administration, in an amount 
                established annually by the Administration, which 
                amount shall not exceed the lesser of 1 percent per 
                year or the minimum amount necessary to reduce the cost 
                (as defined in section 502 of the Federal Credit Reform 
                Act of 1990 (2 U.S.C. 661a)) to the Administration of 
                purchasing and guaranteeing participating securities 
                under this Act to zero''.
            (3) Distributions.--Section 303(g)(8) of the Small Business 
        Investment Act of 1958 (15 U.S.C. 683(g)(8)) is amended--
                    (A) in the first sentence, by striking ``subchapter 
                s corporation'' and inserting ``subchapter S 
                corporation'';
                    (B) in the fourth sentence, by striking ``the end 
                of any calendar quarter based on a quarterly'' and 
                inserting ``any time during any calendar quarter, based 
                on an''; and
                    (C) in the fifth sentence, by striking ``quarterly 
                distributions for a calendar year,'' and inserting 
                ``interim distributions for a calendar year,''.
            (4) Conforming amendment.--Section 310(c)(4) of the Small 
        Business Investment Act of 1958 (15 U.S.C. 687b(c)(4)) is 
        amended by striking ``five years'' and inserting ``1 year''.

SEC. 503. MICROLOAN PROGRAM.

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

SEC. 504. SMALL BUSINESS LENDING COMPANY FEES.

    Section 5(b) of the Small Business Act (15 U.S.C. 634(b)) is 
amended--
            (1) in paragraph (12), by striking ``and'' at the end;
            (2) in paragraph (13), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(14) effective in fiscal year 2001, require a small 
        business lending company to pay the costs of any examination by 
        the Administration, including compensation of the examiners, 
        such amounts to be deposited in the account for salaries and 
        expenses of the Administration and made available solely to 
        cover costs of examinations and other program oversight 
        activities.''.

SEC. 505. SURETY BONDS.

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

SEC. 506. DEVELOPMENT COMPANY DEBENTURES.

    Section 503(b)(3) of the Small Business Investment Act of 1958 (15 
U.S.C. 697(b)(3)) is amended to read as follows:
            ``(3) the interest rate on such debenture is not less than 
        the rate of interest that is acceptable to the Secretary of the 
        Treasury;''.

                       TITLE VI--HUBZONE PROGRAM

                 Subtitle A--HUBZones in Native America

SEC. 601. SHORT TITLE.

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

SEC. 602. HUBZONE SMALL BUSINESS CONCERN.

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

SEC. 603. QUALIFIED HUBZONE SMALL BUSINESS CONCERN.

    (a) In General.--Section 3(p)(5)(A)(i) of the Small Business Act 
(15 U.S.C. 632(p)(5)(A)(i)) is amended by striking subclauses (I) and 
(II) and inserting the following:
                                    ``(I) it is a HUBZone small 
                                business concern--
                                            ``(aa) pursuant to 
                                        paragraph (3)(A), and that its 
                                        principal office is located in 
                                        a HUBZone and not fewer than 35 
                                        percent of its employees reside 
                                        in a HUBZone;
                                            ``(bb) pursuant to 
                                        paragraph (3)(B), and that its 
                                        principal office is located in 
                                        a HUBZone located within the 
                                        State of Alaska, not fewer than 
                                        35 percent of its employees 
                                        engaged in performing a 
                                        contract awarded to it on the 
                                        basis of a preference provided 
                                        under section 31(b) perform 
                                        their work in any HUBZone 
                                        located within the State of 
                                        Alaska, or not fewer than 35 
                                        percent of its employees reside 
                                        in a HUBZone located within the 
                                        State of Alaska or within any 
                                        Alaska Native Village; or
                                            ``(cc) pursuant to 
                                        paragraph (3)(C), and not fewer 
                                        than 35 percent of its 
                                        employees engaged in performing 
                                        a contract awarded to the small 
                                        business concern on the basis 
                                        of a preference provided under 
                                        section 31(b) reside within any 
                                        Indian reservation governed by 
                                        1 or more of the tribal 
                                        government owners, or reside 
                                        within any HUBZone adjacent to 
                                        any such Indian reservation;
                                    ``(II) it will attempt to maintain 
                                the applicable employment percentage 
                                under subclause (I) during the 
                                performance of any contract awarded to 
                                the small business concern on the basis 
                                of a preference provided under section 
                                31(b); and''.
    (b) HUBZone Pilot Program for Sparsely Populated Areas.--Section 
3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)) is amended by 
adding at the end the following:
                    ``(E) HUBZone pilot program for sparsely populated 
                areas.--
                            ``(i) In general.--Notwithstanding 
                        subparagraph (A)(i)(I)(aa), during the period 
                        beginning on the date of enactment of the Small 
                        Business Reauthorization Act of 2000 and ending 
                        on September 30, 2003, a small business 
                        concern, the principal office of which is 
                        located in the State of Alaska, shall be 
                        considered to be a qualified HUBZone small 
                        business concern if--
                                    ``(I) its principal office is 
                                located within a HUBZone within the 
                                State of Alaska;
                                    ``(II) not fewer than 35 percent of 
                                its employees engaged in performing a 
                                contract awarded to it on the basis of 
                                a preference provided under section 
                                31(b) perform their work in any HUBZone 
                                located within the State of Alaska; or
                                    ``(III) not fewer than 35 percent 
                                of its employees reside in a HUBZone 
                                located within the State of Alaska.
                            ``(ii) Exception.--Clause (i) does not 
                        apply in any fiscal year following a fiscal 
                        year in which the total amount of contract 
                        dollars awarded in furtherance of the 
                        contracting goals established under section 
                        15(g)(1) to small business concerns located 
                        within the State of Alaska is equal to more 
                        than 1.5 percent of the total amount of such 
                        contract dollars awarded to all small business 
                        concerns.''.
    (c) Conforming Amendment.--Section 3(p)(5)(D)(i) of the Small 
Business Act (15 U.S.C. 632(p)(5)(D)(i)) is amended by inserting ``once 
the Administrator has received the certification required by 
subparagraph (A)(i) from a qualified HUBZone small business concern and 
has determined that subparagraph (A)(ii) does not apply to that 
concern,'' before ``include''.

SEC. 604. OTHER DEFINITIONS.

    Section 3(p) of the Small Business Act (15 U.S.C. 632(p)) is 
amended by adding at the end the following:
            ``(6) Native american small business concerns.--
                    ``(A) Alaska native corporation.--The term `Alaska 
                Native Corporation' has the same meaning as the term 
                `Native Corporation' in section 3 of the Alaska Native 
                Claims Settlement Act (43 U.S.C. 1602).
                    ``(B) Alaska native village.--The term `Alaska 
                Native village' has the same meaning as the term 
                `Native village' in section 3 of the Alaska Native 
                Claims Settlement Act (43 U.S.C. 1602).
                    ``(C) Indian reservation.--The term `Indian 
                reservation' means--
                            ``(i) all land within the limits of any 
                        Indian reservation under the jurisdiction of 
                        the United States Government, notwithstanding 
                        the issuance of any patent, and including 
                        rights-of-way running through the reservation;
                            ``(ii) all dependent Indian communities 
                        within the borders of the United States, 
                        whether within the original or subsequently 
                        acquired territory thereof, and whether within 
                        or outside of the limits of a State; and
                            ``(iii) lands within the State of Oklahoma 
                        that--
                                    ``(I) are within the jurisdictional 
                                areas of an Oklahoma Indian tribe (as 
                                determined by the Secretary of the 
                                Interior); and
                                    ``(II) are recognized by the 
                                Secretary of the Interior as eligible 
                                for trust land status under part 151 of 
                                title 25, Code of Federal Regulations 
                                (as in effect on the date of enactment 
                                of this paragraph).''.

                  Subtitle B--Other HUBZone Provisions

SEC. 611. DEFINITIONS.

    (a) Qualified Census Tract.--Section 3(p)(4)(A) of the Small 
Business Act (15 U.S.C. 632(p)(4)(A)) is amended by striking ``(I)''.
    (b) Qualified Nonmetropolitan County.--Section 3(p)(4) of the Small 
Business Act (15 U.S.C. 632(p)(4)) is amended by striking subparagraph 
(B) and inserting the following:
                    ``(B) Qualified nonmetropolitan county.--The term 
                `qualified nonmetropolitan county' means any county--
                            ``(i) that was not located in a 
                        metropolitan statistical area (as defined in 
                        section 143(k)(2)(B) of the Internal Revenue 
                        Code of 1986) at the time of the most recent 
                        census taken for purposes of selecting 
                        qualified census tracts under section 
                        42(d)(5)(C)(ii) of the Internal Revenue Code of 
                        1986; and
                            ``(ii) in which--
                                    ``(I) the median household income 
                                is less than 80 percent of the 
                                nonmetropolitan State median household 
                                income, based on the most recent data 
                                available from the Bureau of the Census 
                                of the Department of Commerce; or
                                    ``(II) for any 3 of the preceding 5 
                                years, the unemployment rate has been 
not less than 140 percent of the Statewide average unemployment rate 
for the State in which the county is located, based on the most recent 
data available from the Secretary of Labor.
                    ``(C) Exclusions.--Notwithstanding subparagraph 
                (B)--
                            ``(i) a firm that is certified as a 
                        qualified HUBZone small business concern on 
                        September 30, 2000 (or that has applied for 
                        such certification on or before September 30, 
                        2000, and is later so certified) and that was 
                        located in a qualified nonmetropolitan county, 
                        as defined on the day before the date of 
                        enactment of the Small Business Reauthorization 
                        Act of 2000, shall be considered to be a 
                        qualified HUBZone small business concern until 
                        September 30, 2001, and such firm may perform 
                        any contract awarded to it on the basis of a 
                        preference provided under section 31(b), if 
                        such award is made on or before September 30, 
                        2001; and
                            ``(ii) if release of new statistical 
                        information by the Department of Labor results 
                        in disqualification of an area that was a 
                        qualified nonmetropolitan county before that 
                        release, any firm that is certified as a 
                        qualified HUBZone small business concern on the 
                        date of that release (or that has applied for 
                        such certification on or before that date of 
                        release, and is later so certified) shall be 
                        considered to be a qualified HUBZone small 
                        business concern during the 1-year period 
                        beginning on that date of release, and such 
                        firm may perform any contract awarded to it on 
                        the basis of a preference provided under 
                        section 31(b), if such award is made on or 
                        before the expiration of that 1-year period.''.

SEC. 612. ELIGIBLE CONTRACTS.

    Section 31(b) of the Small Business Act (15 U.S.C. 657a(b)) is 
amended--
            (1) in paragraph (3)--
                    (A) by striking ``In any'' and inserting the 
                following:
                    ``(A) In general.--Subject to subparagraph (B), in 
                any''; and
                    (B) by adding at the end the following:
                    ``(B) Procurement of commodities.--The 10 percent 
                price evaluation preference under subparagraph (A) does 
                not apply to the quantity of a commodity being 
                purchased under full and open competition in a 
                particular tender--
                            ``(i) if--
                                    ``(I) the contracting officer sets 
                                aside not less than 10 percent of the 
                                tender for--
                                            ``(aa) competition 
                                        restricted to small business 
                                        concerns that are eligible to 
                                        be awarded a contract under 
                                        section 8(a)(1)(D)(i) or other 
                                        socially and economically 
                                        disadvantaged small business 
                                        concerns (as defined in section 
                                        8(a)(4)(A));
                                            ``(bb) sole source 
                                        contracts for small business 
                                        concerns that are eligible to 
                                        be awarded a contract under 
                                        section 8(a)(3), or other 
                                        socially and economically 
                                        disadvantaged small business 
                                        concerns (as defined in section 
                                        8(a)(4)(A)); or
                                            ``(cc) competition 
                                        restricted to small business 
                                        concerns in general; and
                                    ``(II) the contracting officer 
                                provides for a set-aside under 
                                paragraph (2)(B), or a sole-source 
                                contract under paragraph (2)(A), of not 
                                less than an additional 10 percent of 
                                the quantity of commodity to be 
                                purchased in that tender; or
                            ``(ii) if the contracting officer allocates 
                        not less than 20 percent of the tender for a 
                        set-aside under paragraph (2)(B) or a sole-
                        source contract under paragraph (2)(A), in the 
                        absence of any other small business program 
                        set-asides or sole source contract under this 
                        Act.'';
            (2) in paragraph (4), by striking ``paragraph (2) or (3)'' 
        and inserting ``this subsection''; and
            (3) by adding at the end the following:
            ``(5) Preference for certain small businesses.--
                    ``(A) In general.--Except as provided in paragraph 
                (4), a contracting officer shall give preference in 
                awarding contracts under subparagraph (A) or (B) of 
                paragraph (2) to qualified HUBZone small business 
                concerns that are also eligible to be awarded contracts 
                under section 8(a).
                    ``(B) Regulatory limitation.--No rule, regulation, 
                or order of the Administration or the Federal 
                Acquisition Regulatory Council may require a 
                contracting officer, in awarding contracts--
                            ``(i) to give preferential treatment to a 
                        qualified HUBZone small business concern 
                        relative to a small business concern that is 
                        eligible to be awarded a contract under section 
                        8(a); or
                            ``(ii) to give preferential treatment to a 
                        small business concern that is eligible to be 
                        awarded a contract under section 8(a) relative 
                        to a qualified HUBZone small business 
                        concern.''.

SEC. 613. CORRECTION OF HUBZONE REFERENCE.

    Section 8(d)(4)(D) of the Small Business Act (15 U.S.C. 
637(d)(4)(D)) is amended by inserting ``qualified HUBZone small 
business concerns,'' after ``small business concerns,''.

SEC. 614. COMMUNITY DEVELOPMENT.

    Section 3(p) of the Small Business Act (15 U.S.C. 632(p)), as 
amended by this Act, is amended--
            (1) in paragraph (3)--
                    (A) in subparagraph (B), by striking ``or'' at the 
                end;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(D) a community development corporation that has 
                received financial assistance under Part 1 of 
                Subchapter A of the Community Economic Development Act 
                of 1981 (42 U.S.C. 9805 et seq.).''; and
            (2) in paragraph (5)(A)(i)(I)(aa), as amended by this Act, 
        by striking ``paragraph (3)(A)'' and inserting ``subparagraph 
        (A) or (D) of paragraph (3)''.

SEC. 615. REFERENCE CORRECTION.

    Section 3(p)(5)(C) of the Small Business Act (15 U.S.C. 
632(p)(5)(C)) is amended by striking ``subclause (IV) and (V) of 
subparagraph (A)(i)'' and inserting ``items (aa) and (bb) of 
subparagraph (A)(i)(III)''.

      TITLE VII--NATIONAL WOMEN'S BUSINESS COUNCIL REAUTHORIZATION

SEC. 701. SHORT TITLE.

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

SEC. 702. DUTIES OF THE COUNCIL.

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

``SEC. 406. DUTIES OF THE COUNCIL.

    ``(a) In General.--The Council shall--
            ``(1) provide advice and counsel to the President and to 
        the Congress on economic matters of importance to women 
        business owners;
            ``(2) promote initiatives designed to increase access to 
        capital and to markets, training and technical assistance, 
        research, resources, and leadership opportunities for and about 
        women business owners;
            ``(3) provide a source of information and a catalyst for 
        action to support women's business development;
            ``(4) promote the implementation of the policy agenda, 
        initiatives and recommendations issued at Summit '98, the 
        National Women's Economic Forum;
            ``(5) review, coordinate, and monitor plans and programs 
        developed in the public and private sectors that affect the 
        ability of women-owned small business concerns to obtain 
        capital and credit;
            ``(6) work with--
                    ``(A) the Federal agencies for the purpose of 
                assisting them in meeting the 5 percent women's 
                procurement goal established under section 15(g) of the 
                Small Business Act; and
                    ``(B) the private sector in increasing contracting 
                opportunities for women-owned small business concerns;
            ``(7) promote and assist in the development of a women's 
        business census and other statistical surveys of women-owned 
        small business concerns;
            ``(8) support new and ongoing research on women-owned small 
        business concerns;
            ``(9) monitor and promote the plans, programs, and 
        operations of the departments and agencies of the Federal 
        Government that may contribute to the establishment and growth 
        of women's business enterprise;
            ``(10) develop and promote new initiatives, policies, 
        programs, and plans designed to foster women's business 
        enterprise; and
            ``(11) advise and consult with State and local leaders to 
        develop and implement programs and policies that promote 
        women's business ownership.
    ``(b) Interaction With the Interagency Committee on Women's 
Business Enterprise.--The Council shall--
            ``(1) advise the Interagency Committee on Women's Business 
        Enterprise (in this section referred to as the `Committee') on 
        matters relating to the activities, functions, and policies of 
        the Committee, as provided in this title; and
            ``(2) meet jointly with the Committee at the discretion of 
        the chairperson of the Council and the chairperson of the 
        Committee, but not less frequently than biannually.
    ``(c) Meetings.--The Council shall meet separately at such times as 
the Council deems necessary. A majority of the members of the Council 
shall constitute a quorum for the approval of recommendations or 
reports issued pursuant to this section.
    ``(d)  Recommendations and Reports.--
            ``(1) In general.--Not later than 90 days after the last 
        day of each fiscal year, the Council shall--
                    ``(A) make recommendations for consideration by the 
                Committee; and
                    ``(B) submit a report to the President, the 
                Committee, the Administrator, the Committee on Small 
                Business of the Senate, and the Committee on Small 
                Business of the House of Representatives, as described 
                in paragraph (2).
            ``(2) Contents of reports.--The reports required by 
        paragraph (1) shall contain--
                    ``(A) a detailed description of the activities of 
                the Council during the preceding fiscal year, including 
                a status report on the progress of the Council toward 
                meeting its duties under subsections (a);
                    ``(B) the findings, conclusions, and 
                recommendations of the Council; and
                    ``(C) the recommendations of the Council for such 
                legislation and administrative actions as the Council 
                considers appropriate to promote the development of 
                small business concerns owned and controlled by women.
    ``(e) Separate Submissions.--The Administrator shall submit any 
additional, concurring, or dissenting views or recommendations to the 
President, the Committee, and the Congress separately from any 
recommendations or report submitted by the Council under this 
section.''.

SEC. 703. MEMBERSHIP OF THE COUNCIL.

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

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

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

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

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

SEC. 705. STUDIES AND OTHER RESEARCH.

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

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

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

SEC. 706. AUTHORIZATION OF APPROPRIATIONS.

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

``SEC. 411. AUTHORIZATION OF APPROPRIATIONS.

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

                  TITLE VIII--MISCELLANEOUS PROVISIONS

SEC. 801. NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT CENTERS.

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

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

    ``(a) Definitions.--In this section--
            ``(1) the term `Alaska Native' means a Native (as such term 
        is defined in section 3(b) of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1602(b)));
            ``(2) the term `Indian tribe' has the same meaning as in 
        section 8(a)(13);
            ``(3) the terms `Native American Small Business Development 
        Center Network' and `Network' mean 1 lead center small business 
        development center with satellite locations located on 
        reservations;
            ``(4) the terms `Native Hawaiian' and `Native Hawaiian 
        Organization' have the same meanings as in paragraphs (1) and 
        (3), respectively, of section 9212 of the Native Hawaiian 
        Education Act (20 U.S.C. 7912) and section 8(a)(15) of this 
        Act;
            ``(5) the term `reservation' means--
                    ``(A) the geographically defined area over which a 
                tribal organization exercises governmental 
                jurisdiction; or
                    ``(B) a geographic area with a substantial 
                proportion of Alaska Natives, members of 1 or more 
                Indian tribes, or Native Hawaiians, as designated by 
                the Administration;
            ``(6) the term `Tribal Business Information Center' means a 
        business information center established by the Administration 
        and a tribal organization on a reservation, as authorized by 
        this section;
            ``(7) the terms `Tribal Electronic Commerce Small Business 
        Resource Center' and `Resource Center' mean an information 
        sharing system and resource center providing research and 
        resources to the Network, as authorized by this section; and
            ``(8) the term `tribal organization' has the same meaning 
        as in section 4(1) of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b(1)), except for the 
        proviso contained in that paragraph, and includes Native 
        Hawaiian Organizations and organizations of Alaska Natives.
    ``(b) Authority for Network.--
            ``(1) In general.--The Administration may establish a 
        Native American Small Business Development Center Network and a 
        Tribal Electronic Commerce Small Business Resource Center.
            ``(2) Purpose.--The purpose of the Network shall be to 
        stimulate reservation economies through the creation and 
        expansion of small businesses.
            ``(3) Establishment.--The Administration may provide 1 or 
        more contracts, grants, and cooperative agreements to any 
        established tribal organization to establish the Network and 
        the Resource Center. Awards made under this section may be 
        subgranted.
    ``(c) Uses of Assistance.--Services provided by the Network shall 
include--
            ``(1) providing current business management and technical 
        assistance in a cost-effective and culturally tailored manner 
        that primarily serves Alaska Natives, members of Indian tribes, 
        and Native Hawaiians;
            ``(2) providing Tribal Business Information Centers with 
        current electronic commerce information, training, and other 
        forms of technical assistance;
            ``(3) supporting the Resource Center; and
            ``(4) providing any of the services that a small business 
        development center may provide under section 21.
    ``(d) Grant and Cooperative Agreement Matching Requirement.--
            ``(1) In general.--As a condition for receiving a contract, 
        grant, or cooperative agreement authorized by this section, the 
        recipient organization shall agree to obtain, after its 
        application has been approved and notice of award has been 
        issued, cash or in kind contributions from non-Federal sources 
        as follows:
                    ``(A) One non-Federal dollar for each 4 Federal 
                dollars in the first and second years of the term of 
                the assistance.
                    ``(B) One non-Federal dollar for each 3 Federal 
                dollars in the third and fourth years of the term of 
                the assistance.
                    ``(C) One non-Federal dollar for each Federal 
                dollar in the fifth and succeeding years of the term of 
                the assistance.
            ``(2) Waiver.--The Administration may waive or reduce the 
        matching funds requirements in paragraph (1) with respect to a 
        recipient organization if the Administration determines that 
        such action is consistent with the purposes of this section and 
        in the best interests of the program authorized by this 
        section.
            ``(3) Exception.--The matching funds requirement of 
        paragraph (1) does not apply to contracts, grants, or 
        cooperative agreements made to a tribal organization for the 
        Resource Center.
    ``(e) Authorization.--There is authorized to be appropriated--
            ``(1) to carry out this section, $3,000,000 for fiscal year 
        2001 and each subsequent fiscal year; and
            ``(2) to fund the establishment and implementation of one 
        Resource Center under the authority of this section, $500,000 
        for fiscal year 2001 and each subsequent fiscal year.''.

SEC. 802. COSPONSORSHIP.

    Section 8(b)(1)(A) of the Small Business Act (15 U.S.C. 
637(b)(1)(A)) is amended to read as follows:
            ``(1)(A) to provide--
                    ``(i) technical, managerial, and informational aids 
                to small business concerns--
                            ``(I) by advising and counseling on matters 
                        in connection with Government procurement and 
                        policies, principles, and practices of good 
                        management;
                            ``(II) by cooperating and advising with--
                                    ``(aa) voluntary business, 
                                professional, educational, and other 
                                nonprofit organizations, associations, 
                                and institutions (except that the 
                                Administration shall take such actions 
                                as it determines necessary to ensure 
                                that such cooperation does not 
constitute or imply an endorsement by the Administration of the 
organization or its products or services, and shall ensure that it 
receives appropriate recognition in all printed materials); and
                                    ``(bb) other Federal and State 
                                agencies;
                            ``(III) by maintaining a clearinghouse for 
                        information on managing, financing, and 
                        operating small business enterprises; and
                            ``(IV) by disseminating such information, 
                        including through recognition events, and by 
                        other activities that the Administration 
                        determines to be appropriate; and
                    ``(ii) through cooperation with a profit-making 
                concern (referred to in this paragraph as a 
                `cosponsor'), training, information, and education to 
                small business concerns, except that the Administration 
                shall--
                            ``(I) take such actions as it determines to 
                        be appropriate to ensure that--
                                    ``(aa) the Administration receives 
                                appropriate recognition and publicity;
                                    ``(bb) the cooperation does not 
                                constitute or imply an endorsement by 
                                the Administration of any product or 
                                service of the cosponsor;
                                    ``(cc) unnecessary promotion of the 
                                products or services of the cosponsor 
                                is avoided; and
                                    ``(dd) utilization of any 1 
                                cosponsor in a marketing area is 
                                minimized; and
                            ``(II) develop an agreement, executed on 
                        behalf of the Administration by an employee of 
                        the Administration in Washington, the District 
                        of Columbia, that provides, at a minimum, 
                        that--
                                    ``(aa) any printed material to 
                                announce the cosponsorship or to be 
                                distributed at the cosponsored 
                                activity, shall be approved in advance 
                                by the Administration;
                                    ``(bb) the terms and conditions of 
                                the cooperation shall be specified;
                                    ``(cc) only minimal charges may be 
                                imposed on any small business concern 
                                to cover the direct costs of providing 
                                the assistance;
                                    ``(dd) the Administration may 
                                provide to the cosponsorship mailing 
                                labels, but not lists of names and 
                                addresses of small business concerns 
                                compiled by the Administration;
                                    ``(ee) all printed materials 
                                containing the names of both the 
                                Administration and the cosponsor shall 
                                include a prominent disclaimer that the 
                                cooperation does not constitute or 
                                imply an endorsement by the 
                                Administration of any product or 
                                service of the cosponsor; and
                                    ``(ff) the Administration shall 
                                ensure that it receives appropriate 
                                recognition in all cosponsorship 
                                printed materials.''.

SEC. 803. FRAUD AND FALSE STATEMENTS.

    Section 1014 of title 18, United States Code, is amended by 
striking ``a small business investment company'' and inserting ``the 
Small Business Administration or a small business investment company as 
to actions taken under the Small Business Investment Act of 1958''.

SEC. 804. FINANCIAL INSTITUTION CIVIL PENALTIES.

    Section 951(c) of the Financial Institutions Reform Recovery and 
Enforcement Act of 1989 (12 U.S.C. 1833a(c)(1)) is amended--
            (1) in paragraph (1), by striking ``or'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``, Federal lending agency, or Federal guarantor; 
        or''; and
            (3) by adding at the end the following:
            ``(3) section 16(a) of the Small Business Act.''.

SEC. 805. VERY SMALL BUSINESS PROGRAM.

    Section 304(i) of the Small Business Administration Reauthorization 
and Amendments Act of 1994 (15 U.S.C. 644 note) is amended by striking 
``September 30, 2000'' and inserting ``September 30, 2003.''.

SEC. 806. SDB.

    Section 7102(c) of the Federal Acquisition Streamlining Act of 1994 
(15 U.S.C. 644 note) is amended by striking ``September 30, 2000'' and 
inserting ``September 30, 2005''.

SEC. 807. SUBCONTRACTING PREFERENCE FOR VETERANS.

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

SEC. 808. SIZE STANDARDS.

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

SEC. 809. DRUG-FREE WORKPLACE PROGRAM.

    Section 27(g)(1) of the Small Business Act (15 U.S.C. 654(g)(1)) is 
amended by striking ``1999 and 2000'' and inserting ``2001 and 2002''.

                                                       Calendar No. 838

106th CONGRESS

  2d Session

                                S. 3121

                          [Report No. 106-422]

_______________________________________________________________________

                                 A BILL

  To reauthorize programs to assist small business concerns, and for 
                            other purposes.

_______________________________________________________________________

           September 27 (legislative day, September 22), 2000

                 Read twice and placed on the calendar
```