The text of the bill below is as of Oct 2, 2000 (Passed the Senate with an Amendment).
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In the Senate of the United States,
October 2 (legislative day, September 22), 2000.
Resolved, That the Senate agree to the amendment of the House of
Representatives to the amendment of the Senate to the bill (H.R. 2392)
entitled ``An Act to amend the Small Business Act to extend the
authorization for the Small Business Innovation Research Program, and
for other purposes.'', with the following
SENATE AMENDMENT TO HOUSE AMENDMENT TO SENATE AMENDMENT:
In lieu of the matter proposed to be inserted by the House
amendment, insert:
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--SMALL BUSINESS INNOVATION RESEARCH PROGRAM
Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Extension of SBIR program.
Sec. 104. Annual report.
Sec. 105. Third phase assistance.
Sec. 106. Report on programs for annual performance plan.
Sec. 107. Output and outcome data.
Sec. 108. National Research Council reports.
Sec. 109. Federal agency expenditures for the SBIR program.
Sec. 110. Policy directive modifications.
Sec. 111. Federal and State technology partnership program.
Sec. 112. Mentoring networks.
Sec. 113. Simplified reporting requirements.
Sec. 114. Rural outreach program extension.
TITLE II--GENERAL BUSINESS LOAN PROGRAM
Sec. 201. Short title.
Sec. 202. Levels of participation.
Sec. 203. Loan amounts.
Sec. 204. Interest on defaulted loans.
Sec. 205. Prepayment of loans.
Sec. 206. Guarantee fees.
Sec. 207. Lease terms.
Sec. 208. Microloan program.
TITLE III--CERTIFIED DEVELOPMENT COMPANY PROGRAM
Sec. 301. Short title.
Sec. 302. Women-owned businesses.
Sec. 303. Maximum debenture size.
Sec. 304. Fees.
Sec. 305. Premier certified lenders program.
Sec. 306. Sale of certain defaulted loans.
Sec. 307. Loan liquidation.
TITLE IV--CORRECTIONS TO THE SMALL BUSINESS INVESTMENT ACT OF 1958
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Investment in small business investment companies.
Sec. 404. Subsidy fees.
Sec. 405. Distributions.
Sec. 406. Conforming amendment.
TITLE V--REAUTHORIZATION OF SMALL BUSINESS PROGRAMS
Sec. 501. Short title.
Sec. 502. Reauthorization of small business programs.
Sec. 503. Additional reauthorizations.
Sec. 504. Cosponsorship.
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. HUBZone redesignated areas.
Sec. 614. Community development.
Sec. 615. Reference corrections.
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. Loan application processing.
Sec. 802. Application of ownership requirements.
Sec. 803. Subcontracting preference for veterans.
Sec. 804. Small business development center program funding.
Sec. 805. Surety bonds.
Sec. 806. Size standards.
Sec. 807. Native American small business development centers.
TITLE I--SMALL BUSINESS INNOVATION RESEARCH PROGRAM
SECTION 101. SHORT TITLE.
(a) Short Title.--This title may be cited as the ``Small Business
Innovation Research Program Reauthorization Act of 2000''.
SEC. 102. FINDINGS.
Congress finds that--
(1) the small business innovation research program
established under the Small Business Innovation Development Act
of 1982, and reauthorized by the Small Business Research and
Development Enhancement Act of 1992 (in this Act referred to as
the ``SBIR program'') is highly successful in involving small
businesses in federally funded research and development;
(2) the SBIR program made the cost-effective and unique
research and development capabilities possessed by the small
businesses of the Nation available to Federal agencies and
departments;
(3) the innovative goods and services developed by small
businesses that participated in the SBIR program have produced
innovations of critical importance in a wide variety of high-
technology fields, including biology, medicine, education, and
defense;
(4) the SBIR program is a catalyst in the promotion of
research and development, the commercialization of innovative
technology, the development of new products and services, and
the continued excellence of this Nation's high-technology
industries; and
(5) the continuation of the SBIR program will provide
expanded opportunities for one of the Nation's vital resources,
its small businesses, will foster invention, research, and
technology, will create jobs, and will increase this Nation's
competitiveness in international markets.
SEC. 103. EXTENSION OF SBIR PROGRAM.
Section 9(m) of the Small Business Act (15 U.S.C. 638(m)) is
amended to read as follows:
``(m) Termination.--The authorization to carry out the Small
Business Innovation Research Program established under this section
shall terminate on September 30, 2008.''.
SEC. 104. ANNUAL REPORT.
Section 9(b)(7) of the Small Business Act (15 U.S.C. 638(b)(7)) is
amended by striking ``and the Committee on Small Business of the House
of Representatives'' and inserting ``, and to the Committee on Science
and the Committee on Small Business of the House of Representatives,''.
SEC. 105. THIRD PHASE ASSISTANCE.
Section 9(e)(4)(C)(i) of the Small Business Act (15 U.S.C.
638(e)(4)(C)(i)) is amended by striking ``; and'' and inserting ``;
or''.
SEC. 106. REPORT ON PROGRAMS FOR ANNUAL PERFORMANCE PLAN.
Section 9(g) of the Small Business Act (15 U.S.C. 638(g)) is
amended--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(9) include, as part of its annual performance plan as
required by subsections (a) and (b) of section 1115 of title
31, United States Code, a section on its SBIR program, and
shall submit such section to the Committee on Small Business of
the Senate, and the Committee on Science and the Committee on
Small Business of the House of Representatives; and''.
SEC. 107. OUTPUT AND OUTCOME DATA.
(a) Collection.--Section 9(g) of the Small Business Act (15 U.S.C.
638(g)), as amended by section 106 of this Act, is further amended by
adding at the end the following:
``(10) collect, and maintain in a common format in
accordance with subsection (v), such information from awardees
as is necessary to assess the SBIR program, including
information necessary to maintain the database described in
subsection (k).''.
(b) Report to Congress.--Section 9(b)(7) of the Small Business Act
(15 U.S.C. 638(b)(7)), as amended by section 104 of this Act, is
further amended by inserting before the period at the end ``, including
the data on output and outcomes collected pursuant to subsections
(g)(10) and (o)(9), and a description of the extent to which Federal
agencies are providing in a timely manner information needed to
maintain the database described in subsection (k)''.
(c) Database.--Section 9(k) of the Small Business Act (15 U.S.C.
638(k)) is amended to read as follows:
``(k) Database.--
``(1) Public database.--Not later than 180 days after the
date of enactment of the Small Business Innovation Research
Program Reauthorization Act of 2000, the Administrator shall
develop, maintain, and make available to the public a
searchable, up-to-date, electronic database that includes--
``(A) the name, size, location, and an identifying
number assigned by the Administrator, of each small
business concern that has received a first phase or
second phase SBIR award from a Federal agency;
``(B) a description of each first phase or second
phase SBIR award received by that small business
concern, including--
``(i) an abstract of the project funded by
the award, excluding any proprietary
information so identified by the small business
concern;
``(ii) the Federal agency making the award;
and
``(iii) the date and amount of the award;
``(C) an identification of any business concern or
subsidiary established for the commercial application
of a product or service for which an SBIR award is
made; and
``(D) information regarding mentors and Mentoring
Networks, as required by section 35(d).
``(2) Government database.--Not later than 180 days after
the date of enactment of the Small Business Innovation Research
Program Reauthorization Act of 2000, the Administrator, in
consultation with Federal agencies required to have an SBIR
program pursuant to subsection (f)(1), shall develop and
maintain a database to be used solely for SBIR program
evaluation that--
``(A) contains for each second phase award made by
a Federal agency--
``(i) information collected in accordance
with paragraph (3) on revenue from the sale of
new products or services resulting from the
research conducted under the award;
``(ii) information collected in accordance
with paragraph (3) on additional investment
from any source, other than first phase or
second phase SBIR or STTR awards, to further
the research and development conducted under
the award; and
``(iii) any other information received in
connection with the award that the
Administrator, in conjunction with the SBIR
program managers of Federal agencies, considers
relevant and appropriate;
``(B) includes any narrative information that a
small business concern receiving a second phase award
voluntarily submits to further describe the outputs and
outcomes of its awards;
``(C) includes for each applicant for a first phase
or second phase award that does not receive such an
award--
``(i) the name, size, and location, and an
identifying number assigned by the
Administration;
``(ii) an abstract of the project; and
``(iii) the Federal agency to which the
application was made;
``(D) includes any other data collected by or
available to any Federal agency that such agency
considers may be useful for SBIR program evaluation;
and
``(E) is available for use solely for program
evaluation purposes by the Federal Government or, in
accordance with policy directives issued by the
Administration, by other authorized persons who are
subject to a use and nondisclosure agreement with the
Federal Government covering the use of the database.
``(3) Updating information for database.--
``(A) In general.--A small business concern
applying for a second phase award under this section
shall be required to update information in the database
established under this subsection for any prior second
phase award received by that small business concern. In
complying with this paragraph, a small business concern
may apportion sales or additional investment
information relating to more than one second phase
award among those awards, if it notes the apportionment
for each award.
``(B) Annual updates upon termination.--A small
business concern receiving a second phase award under
this section shall--
``(i) update information in the database
concerning that award at the termination of the
award period; and
``(ii) be requested to voluntarily update
such information annually thereafter for a
period of 5 years.
``(4) Protection of information.--Information provided
under paragraph (2) shall be considered privileged and
confidential and not subject to disclosure pursuant to section
552 of title 5, United States Code.
``(5) Rule of construction.--Inclusion of information in
the database under this subsection shall not be considered to
be publication for purposes of subsection (a) or (b) of section
102 of title 35, United States Code.''.
SEC. 108. NATIONAL RESEARCH COUNCIL REPORTS.
(a) Study and Recommendations.--The head of each agency with a
budget of more than $50,000,000 for its SBIR program for fiscal year
1999, in consultation with the Small Business Administration, shall,
not later than 6 months after the date of enactment of this Act,
cooperatively enter into an agreement with the National Academy of
Sciences for the National Research Council to--
(1) conduct a comprehensive study of how the SBIR program
has stimulated technological innovation and used small
businesses to meet Federal research and development needs,
including--
(A) a review of the value to the Federal research
agencies of the research projects being conducted under
the SBIR program, and of the quality of research being
conducted by small businesses participating under the
program, including a comparison of the value of
projects conducted under the SBIR program to those
funded by other Federal research and development
expenditures;
(B) to the extent practicable, an evaluation of the
economic benefits achieved by the SBIR program,
including the economic rate of return, and a comparison
of the economic benefits, including the economic rate
of return, achieved by the SBIR program with the
economic benefits, including the economic rate of
return, of other Federal research and development
expenditures;
(C) an evaluation of the noneconomic benefits
achieved by the SBIR program over the life of the
program;
(D) a comparison of the allocation for fiscal year
2000 of Federal research and development funds to small
businesses with such allocation for fiscal year 1983,
and an analysis of the factors that have contributed to
such allocation; and
(E) an analysis of whether Federal agencies, in
fulfilling their procurement needs, are making
sufficient effort to use small businesses that have
completed a second phase award under the SBIR program;
and
(2) make recommendations with respect to--
(A) measures of outcomes for strategic plans
submitted under section 306 of title 5, United States
Code, and performance plans submitted under section
1115 of title 31, United States Code, of each Federal
agency participating in the SBIR program;
(B) whether companies who can demonstrate project
feasibility, but who have not received a first phase
award, should be eligible for second phase awards, and
the potential impact of such awards on the competitive
selection process of the program;
(C) whether the Federal Government should be
permitted to recoup some or all of its expenses if a
controlling interest in a company receiving an SBIR
award is sold to a foreign company or to a company that
is not a small business concern;
(D) how to increase the use by the Federal
Government in its programs and procurements of
technology-oriented small businesses; and
(E) improvements to the SBIR program, if any are
considered appropriate.
(b) Participation by Small Business.--
(1) In general.--In a manner consistent with law and with
National Research Council study guidelines and procedures,
knowledgeable individuals from the small business community
with experience in the SBIR program shall be included--
(A) in any panel established by the National
Research Council for the purpose of performing the
study conducted under this section; and
(B) among those who are asked by the National
Research Council to peer review the study.
(2) Consultation.--To ensure that the concerns of small
business are appropriately considered under this subsection,
the National Research Council shall consult with and consider
the views of the Office of Technology and the Office of
Advocacy of the Small Business Administration and other
interested parties, including entities, organizations, and
individuals actively engaged in enhancing or developing the
technological capabilities of small business concerns.
(c) Progress Reports.--The National Research Council shall provide
semiannual progress reports on the study conducted under this section
to the Committee on Science and the Committee on Small Business of the
House of Representatives, and to the Committee on Small Business of the
Senate.
(d) Report.--The National Research Council shall transmit to the
heads of agencies entering into an agreement under this section and to
the Committee on Science and the Committee on Small Business of the
House of Representatives, and to the Committee on Small Business of the
Senate--
(1) not later than 3 years after the date of enactment of
this Act, a report including the results of the study conducted
under subsection (a)(1) and recommendations made under
subsection (a)(2); and
(2) not later than 6 years after that date of enactment, an
update of such report.
SEC. 109. FEDERAL AGENCY EXPENDITURES FOR THE SBIR PROGRAM.
Section 9(i) of the Small Business Act (15 U.S.C. 638(i)) is
amended--
(1) by striking ``(i) Each Federal'' and inserting the
following:
``(i) Annual Reporting.--
``(1) In general.--Each Federal''; and
(2) by adding at the end the following:
``(2) Calculation of extramural budget.--
``(A) Methodology.--Not later than 4 months after
the date of enactment of each appropriations Act for a
Federal agency required by this section to have an SBIR
program, the Federal agency shall submit to the
Administrator a report, which shall include a
description of the methodology used for calculating the
amount of the extramural budget of that Federal agency.
``(B) Administrator's analysis.--The Administrator
shall include an analysis of the methodology received
from each Federal agency referred to in subparagraph
(A) in the report required by subsection (b)(7).''.
SEC. 110. POLICY DIRECTIVE MODIFICATIONS.
Section 9(j) of the Small Business Act (15 U.S.C. 638(j)) is
amended by adding at the end the following:
``(3) Additional modifications.--Not later than 120 days
after the date of enactment of the Small Business Innovation
Research Program Reauthorization Act of 2000, the Administrator
shall modify the policy directives issued pursuant to this
subsection--
``(A) to clarify that the rights provided for under
paragraph (2)(A) apply to all Federal funding awards
under this section, including the first phase (as
described in subsection (e)(4)(A)), the second phase
(as described in subsection (e)(4)(B)), and the third
phase (as described in subsection (e)(4)(C));
``(B) to provide for the requirement of a succinct
commercialization plan with each application for a
second phase award that is moving toward
commercialization;
``(C) to require agencies to report to the
Administration, not less frequently than annually, all
instances in which an agency pursued research,
development, or production of a technology developed by
a small business concern using an award made under the
SBIR program of that agency, and determined that it was
not practicable to enter into a follow-on non-SBIR
program funding agreement with the small business
concern, which report shall include, at a minimum--
``(i) the reasons why the follow-on funding
agreement with the small business concern was
not practicable;
``(ii) the identity of the entity with
which the agency contracted to perform the
research, development, or production; and
``(iii) a description of the type of
funding agreement under which the research,
development, or production was obtained; and
``(D) to implement subsection (v), including
establishing standardized procedures for the provision
of information pursuant to subsection (k)(3).''.
SEC. 111. FEDERAL AND STATE TECHNOLOGY PARTNERSHIP PROGRAM.
(a) Findings.--Congress finds that--
(1) programs to foster economic development among small
high-technology firms vary widely among the States;
(2) States that do not aggressively support the development
of small high-technology firms, including participation by
small business concerns in the SBIR program, are at a
competitive disadvantage in establishing a business climate
that is conducive to technology development; and
(3) building stronger national, State, and local support
for science and technology research in these disadvantaged
States will expand economic opportunities in the United States,
create jobs, and increase the competitiveness of the United
States in the world market.
(b) Federal and State Technology Partnership Program.--The Small
Business Act (15 U.S.C. 631 et seq.) is amended--
(1) by redesignating section 34 as section 37; and
(2) by inserting after section 33 the following:
``SEC. 34. FEDERAL AND STATE TECHNOLOGY PARTNERSHIP PROGRAM.
``(a) Definitions.--In this section and section 35, the following
definitions apply:
``(1) Applicant.--The term `applicant' means an entity,
organization, or individual that submits a proposal for an
award or a cooperative agreement under this section.
``(2) Business advice and counseling.--The term `business
advice and counseling' means providing advice and assistance on
matters described in section 35(c)(2)(B) to small business
concerns to guide them through the SBIR and STTR program
process, from application to award and successful completion of
each phase of the program.
``(3) FAST program.--The term `FAST program' means the
Federal and State Technology Partnership Program established
under this section.
``(4) Mentor.--The term `mentor' means an individual
described in section 35(c)(2).
``(5) Mentoring network.--The term `Mentoring Network'
means an association, organization, coalition, or other entity
(including an individual) that meets the requirements of
section 35(c).
``(6) Recipient.--The term `recipient' means a person that
receives an award or becomes party to a cooperative agreement
under this section.
``(7) SBIR program.--The term `SBIR program' has the same
meaning as in section 9(e)(4).
``(8) State.--The term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, and American Samoa.
``(9) STTR program.--The term `STTR program' has the same
meaning as in section 9(e)(6).
``(b) Establishment of Program.--The Administrator shall establish
a program to be known as the Federal and State Technology Partnership
Program, the purpose of which shall be to strengthen the technological
competitiveness of small business concerns in the States.
``(c) Grants and Cooperative Agreements.--
``(1) Joint review.--In carrying out the FAST program under
this section, the Administrator and the SBIR program managers
at the National Science Foundation and the Department of
Defense shall jointly review proposals submitted by applicants
and may make awards or enter into cooperative agreements under
this section based on the factors for consideration set forth
in paragraph (2), in order to enhance or develop in a State--
``(A) technology research and development by small
business concerns;
``(B) technology transfer from university research
to technology-based small business concerns;
``(C) technology deployment and diffusion
benefiting small business concerns;
``(D) the technological capabilities of small
business concerns through the establishment or
operation of consortia comprised of entities,
organizations, or individuals, including--
``(i) State and local development agencies
and entities;
``(ii) representatives of technology-based
small business concerns;
``(iii) industries and emerging companies;
``(iv) universities; and
``(v) small business development centers;
and
``(E) outreach, financial support, and technical
assistance to technology-based small business concerns
participating in or interested in participating in an
SBIR program, including initiatives--
``(i) to make grants or loans to companies
to pay a portion or all of the cost of
developing SBIR proposals;
``(ii) to establish or operate a Mentoring
Network within the FAST program to provide
business advice and counseling that will assist
small business concerns that have been
identified by FAST program participants,
program managers of participating SBIR
agencies, the Administration, or other entities
that are knowledgeable about the SBIR and STTR
programs as good candidates for the SBIR and
STTR programs, and that would benefit from
mentoring, in accordance with section 35;
``(iii) to create or participate in a
training program for individuals providing SBIR
outreach and assistance at the State and local
levels; and
``(iv) to encourage the commercialization
of technology developed through SBIR program
funding.
``(2) Selection considerations.--In making awards or
entering into cooperative agreements under this section, the
Administrator and the SBIR program managers referred to in
paragraph (1)--
``(A) may only consider proposals by applicants
that intend to use a portion of the Federal assistance
provided under this section to provide outreach,
financial support, or technical assistance to
technology-based small business concerns participating
in or interested in participating in the SBIR program;
and
``(B) shall consider, at a minimum--
``(i) whether the applicant has
demonstrated that the assistance to be provided
would address unmet needs of small business
concerns in the community, and whether it is
important to use Federal funding for the
proposed activities;
``(ii) whether the applicant has
demonstrated that a need exists to increase the
number or success of small high-technology
businesses in the State, as measured by the
number of first phase and second phase SBIR
awards that have historically been received by
small business concerns in the State;
``(iii) whether the projected costs of the
proposed activities are reasonable;
``(iv) whether the proposal integrates and
coordinates the proposed activities with other
State and local programs assisting small high-
technology firms in the State; and
``(v) the manner in which the applicant
will measure the results of the activities to
be conducted.
``(3) Proposal limit.--Not more than 1 proposal may be
submitted for inclusion in the FAST program under this section
to provide services in any one State in any 1 fiscal year.
``(4) Process.--Proposals and applications for assistance
under this section shall be in such form and subject to such
procedures as the Administrator shall establish.
``(d) Cooperation and Coordination.--In carrying out the FAST
program under this section, the Administrator shall cooperate and
coordinate with--
``(1) Federal agencies required by section 9 to have an
SBIR program; and
``(2) entities, organizations, and individuals actively
engaged in enhancing or developing the technological
capabilities of small business concerns, including--
``(A) State and local development agencies and
entities;
``(B) State committees established under the
Experimental Program to Stimulate Competitive Research
of the National Science Foundation (as established
under section 113 of the National Science Foundation
Authorization Act of 1988 (42 U.S.C. 1862g));
``(C) State science and technology councils; and
``(D) representatives of technology-based small
business concerns.
``(e) Administrative Requirements.--
``(1) Competitive basis.--Awards and cooperative agreements
under this section shall be made or entered into, as
applicable, on a competitive basis.
``(2) Matching requirements.--
``(A) In general.--The non-Federal share of the
cost of an activity (other than a planning activity)
carried out using an award or under a cooperative
agreement under this section shall be--
``(i) 50 cents for each Federal dollar, in
the case of a recipient that will serve small
business concerns located in one of the 18
States receiving the fewest SBIR first phase
awards (as described in section 9(e)(4)(A));
``(ii) except as provided in subparagraph
(B), 1 dollar for each Federal dollar, in the
case of a recipient that will serve small
business concerns located in one of the 16
States receiving the greatest number of such
SBIR first phase awards; and
``(iii) except as provided in subparagraph
(B), 75 cents for each Federal dollar, in the
case of a recipient that will serve small
business concerns located in a State that is
not described in clause (i) or (ii) that is
receiving such SBIR first phase awards.
``(B) Low-income areas.--The non-Federal share of
the cost of the activity carried out using an award or
under a cooperative agreement under this section shall
be 50 cents for each Federal dollar that will be
directly allocated by a recipient described in
subparagraph (A) to serve small business concerns
located in a qualified census tract, as that term is
defined in section 42(d)(5)(C)(ii) of the Internal
Revenue Code of 1986. Federal dollars not so allocated
by that recipient shall be subject to the matching
requirements of subparagraph (A).
``(C) Types of funding.--The non-Federal share of
the cost of an activity carried out by a recipient
shall be comprised of not less than 50 percent cash and
not more than 50 percent of indirect costs and in-kind
contributions, except that no such costs or
contributions may be derived from funds from any other
Federal program.
``(D) Rankings.--For purposes of subparagraph (A),
the Administrator shall reevaluate the ranking of a
State once every 2 fiscal years, beginning with fiscal
year 2001, based on the most recent statistics compiled
by the Administrator.
``(3) Duration.--Awards may be made or cooperative
agreements entered into under this section for multiple years,
not to exceed 5 years in total.
``(f) Reports.--
``(1) Initial report.--Not later than 120 days after the
date of enactment of the Small Business Innovation Research
Program Reauthorization Act of 2000, the Administrator shall
prepare and submit to the Committee on Small Business of the
Senate and the Committee on Science and the Committee on Small
Business of the House of Representatives a report, which shall
include, with respect to the FAST program, including Mentoring
Networks--
``(A) a description of the structure and procedures
of the program;
``(B) a management plan for the program; and
``(C) a description of the merit-based review
process to be used in the program.
``(2) Annual reports.--The Administrator shall submit an
annual report to the Committee on Small Business of the Senate
and the Committee on Science and the Committee on Small
Business of the House of Representatives regarding--
``(A) the number and amount of awards provided and
cooperative agreements entered into under the FAST
program during the preceding year;
``(B) a list of recipients under this section,
including their location and the activities being
performed with the awards made or under the cooperative
agreements entered into; and
``(C) the Mentoring Networks and the mentoring
database, as provided for under section 35, including--
``(i) the status of the inclusion of
mentoring information in the database required
by section 9(k); and
``(ii) the status of the implementation and
description of the usage of the Mentoring
Networks.
``(g) Reviews by Inspector General.--
``(1) In general.--The Inspector General of the
Administration shall conduct a review of--
``(A) the extent to which recipients under the FAST
program are measuring the performance of the activities
being conducted and the results of such measurements;
and
``(B) the overall management and effectiveness of
the FAST program.
``(2) Report.--During the first quarter of fiscal year
2004, the Inspector General of the Administration shall submit
a report to the Committee on Small Business of the Senate and
the Committee on Science and the Committee on Small Business of
the House of Representatives on the review conducted under
paragraph (1).
``(h) Program Levels.--
``(1) In general.--There is authorized to be appropriated
to carry out the FAST program, including Mentoring Networks,
under this section and section 35, $10,000,000 for each of
fiscal years 2001 through 2005.
``(2) Mentoring database.--Of the total amount made
available under paragraph (1) for fiscal years 2001 through
2005, a reasonable amount, not to exceed a total of $500,000,
may be used by the Administration to carry out section 35(d).
``(i) Termination.--The authority to carry out the FAST program
under this section shall terminate on September 30, 2005.''.
(c) Coordination of Technology Development Programs.--Section 9 of
the Small Business Act (15 U.S.C. 638) is amended by adding at the end
the following:
``(u) Coordination of Technology Development Programs.--
``(1) Definition of technology development program.--In
this subsection, the term `technology development program'
means--
``(A) the Experimental Program to Stimulate
Competitive Research of the National Science
Foundation, as established under section 113 of the
National Science Foundation Authorization Act of 1988
(42 U.S.C. 1862g);
``(B) the Defense Experimental Program to Stimulate
Competitive Research of the Department of Defense;
``(C) the Experimental Program to Stimulate
Competitive Research of the Department of Energy;
``(D) the Experimental Program to Stimulate
Competitive Research of the Environmental Protection
Agency;
``(E) the Experimental Program to Stimulate
Competitive Research of the National Aeronautics and
Space Administration;
``(F) the Institutional Development Award Program
of the National Institutes of Health; and
``(G) the National Research Initiative Competitive
Grants Program of the Department of Agriculture.
``(2) Coordination requirements.--Each Federal agency that
is subject to subsection (f) and that has established a
technology development program may, in each fiscal year, review
for funding under that technology development program--
``(A) any proposal to provide outreach and
assistance to 1 or more small business concerns
interested in participating in the SBIR program,
including any proposal to make a grant or loan to a
company to pay a portion or all of the cost of
developing an SBIR proposal, from an entity,
organization, or individual located in--
``(i) a State that is eligible to
participate in that program; or
``(ii) a State described in paragraph (3);
or
``(B) any proposal for the first phase of the SBIR
program, if the proposal, though meritorious, is not
funded through the SBIR program for that fiscal year
due to funding restraints, from a small business
concern located in--
``(i) a State that is eligible to
participate in a technology development
program; or
``(ii) a State described in paragraph (3).
``(3) Additionally eligible state.--A State referred to in
subparagraph (A)(ii) or (B)(ii) of paragraph (2) is a State in
which the total value of contracts awarded to small business
concerns under all SBIR programs is less than the total value
of contracts awarded to small business concerns in a majority
of other States, as determined by the Administrator in biennial
fiscal years, beginning with fiscal year 2000, based on the
most recent statistics compiled by the Administrator.''.
SEC. 112. MENTORING NETWORKS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended by
inserting after section 34, as added by section 111(b)(2) of this Act,
the following:
``SEC. 35. MENTORING NETWORKS.
``(a) Findings.--Congress finds that--
``(1) the SBIR and STTR programs create jobs, increase
capacity for technological innovation, and boost international
competitiveness;
``(2) increasing the quantity of applications from all
States to the SBIR and STTR programs would enhance competition
for such awards and the quality of the completed projects; and
``(3) mentoring is a natural complement to the FAST program
of reaching out to new companies regarding the SBIR and STTR
programs as an effective and low-cost way to improve the
likelihood that such companies will succeed in such programs in
developing and commercializing their research.
``(b) Authorization for Mentoring Networks.--The recipient of an
award or participant in a cooperative agreement under section 34 may
use a reasonable amount of such assistance for the establishment of a
Mentoring Network under this section.
``(c) Criteria for Mentoring Networks.--A Mentoring Network
established using assistance under section 34 shall--
``(1) provide business advice and counseling to high
technology small business concerns located in the State or
region served by the Mentoring Network and identified under
section 34(c)(1)(E)(ii) as potential candidates for the SBIR or
STTR programs;
``(2) identify volunteer mentors who--
``(A) are persons associated with a small business
concern that has successfully completed one or more
SBIR or STTR funding agreements; and
``(B) have agreed to guide small business concerns
through all stages of the SBIR or STTR program process,
including providing assistance relating to--
``(i) proposal writing;
``(ii) marketing;
``(iii) Government accounting;
``(iv) Government audits;
``(v) project facilities and equipment;
``(vi) human resources;
``(vii) third phase partners;
``(viii) commercialization;
``(ix) venture capital networking; and
``(x) other matters relevant to the SBIR
and STTR programs;
``(3) have experience working with small business concerns
participating in the SBIR and STTR programs;
``(4) contribute information to the national database
referred to in subsection (d); and
``(5) agree to reimburse volunteer mentors for out-of-
pocket expenses related to service as a mentor under this
section.
``(d) Mentoring Database.--The Administrator shall--
``(1) include in the database required by section 9(k)(1),
in cooperation with the SBIR, STTR, and FAST programs,
information on Mentoring Networks and mentors participating
under this section, including a description of their areas of
expertise;
``(2) work cooperatively with Mentoring Networks to
maintain and update the database;
``(3) take such action as may be necessary to aggressively
promote Mentoring Networks under this section; and
``(4) fulfill the requirements of this subsection either
directly or by contract.''.
SEC. 113. SIMPLIFIED REPORTING REQUIREMENTS.
Section 9 of the Small Business Act (15 U.S.C. 638), as amended by
this Act, is further amended by adding at the end the following:
``(v) Simplified Reporting Requirements.--The Administrator shall
work with the Federal agencies required by this section to have an SBIR
program to standardize reporting requirements for the collection of
data from SBIR applicants and awardees, including data for inclusion in
the database under subsection (k), taking into consideration the unique
needs of each agency, and to the extent possible, permitting the
updating of previously reported information by electronic means. Such
requirements shall be designed to minimize the burden on small
businesses.''.
SEC. 114. RURAL OUTREACH PROGRAM EXTENSION.
(a) Extension of Termination Date.--Section 501(b)(2) of the Small
Business Reauthorization Act of 1997 (15 U.S.C. 638 note; 111 Stat.
2622) is amended by striking ``2001'' and inserting ``2005''.
(b) Extension of Authorization of Appropriations.--Section 9(s)(2)
of the Small Business Act (15 U.S.C. 638(s)(2)) is amended by striking
``for fiscal year 1998, 1999, 2000, or 2001'' and inserting ``for each
of the fiscal years 2000 through 2005,''.
TITLE II--GENERAL BUSINESS LOAN PROGRAM
SEC. 201. SHORT TITLE.
This title may be cited as the ``Small Business General Business
Loan Improvement Act of 2000''.
SEC. 202. LEVELS OF PARTICIPATION.
Section 7(a)(2)(A) of the Small Business Act (15 U.S.C.
636(a)(2)(A)) is amended--
(1) in paragraph (i) by striking ``$100,000'' and inserting
``$150,000''; and
(2) in paragraph (ii)--
(A) by striking ``80 percent'' and inserting ``85
percent''; and
(B) by striking ``$100,000'' and inserting
``$150,000''.
SEC. 203. 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),''.
SEC. 204. 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 loans made on or after
October 1, 2000.''.
SEC. 205. PREPAYMENT OF LOANS.
Section 7(a)(4) of the Small Business Act (15 U.S.C. 636(a)(4)) is
further 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.''.
SEC. 206. 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).''.
SEC. 207. LEASE TERMS.
Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is
further 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 one 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.''.
SEC. 208. 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,''.
TITLE III--CERTIFIED DEVELOPMENT COMPANY PROGRAM
SEC. 301. SHORT TITLE.
This title may be cited as the ``Certified Development Company
Program Improvements Act of 2000''.
SEC. 302. WOMEN-OWNED BUSINESSES.
Section 501(d)(3)(C) of the Small Business Investment Act of 1958
(15 U.S.C. 695(d)(3)(C)) is amended by inserting before the comma ``or
women-owned business development''.
SEC. 303. MAXIMUM DEBENTURE SIZE.
Section 502(2) of the Small Business Investment Act of 1958 (15
U.S.C. 696(2)) is amended to read as follows:
``(2) Loans made by the Administration under this section
shall be limited to $1,000,000 for each such identifiable small
business concern, except loans meeting the criteria specified
in section 501(d)(3), which shall be limited to $1,300,000 for
each such identifiable small business concern.''.
SEC. 304. FEES.
Section 503(f) of the Small Business Investment Act of 1958 (15
U.S.C. 697(f)) is amended to read as follows:
``(f) Effective Date.--The fees authorized by subsections (b) and
(d) shall apply to financings approved by the Administration on or
after October 1, 1996, but shall not apply to financings approved by
the Administration on or after October 1, 2003.''.
SEC. 305. PREMIER CERTIFIED LENDERS PROGRAM.
Section 217(b) of the Small Business Administration Reauthorization
and Amendments Act of 1994 (Public Law 103-403, 15 U.S.C. 697 note)
(relating to section 508 of the Small Business Investment Act of 1958)
is repealed.
SEC. 306. SALE OF CERTAIN DEFAULTED LOANS.
Section 508 of the Small Business Investment Act of 1958 (15 U.S.C.
697e) is amended--
(1) in subsection (a), by striking ``On a pilot program
basis, the'' and inserting ``The'';
(2) by redesignating subsections (d) through (i) as
subsections (e) through (j), respectively;
(3) in subsection (f) (as redesignated by paragraph (2)),
by striking ``subsection (f)'' and inserting ``subsection
(g)'';
(4) in subsection (h) (as redesignated by paragraph (2)),
by striking ``subsection (f)'' and inserting ``subsection
(g)''; and
(5) by inserting after subsection (c) the following:
``(d) Sale of Certain Defaulted Loans.--
``(1) Notice.--If, upon default in repayment, the
Administration acquires a loan guaranteed under this section
and identifies such loan for inclusion in a bulk asset sale of
defaulted or repurchased loans or other financings, it shall
give prior notice thereof to any certified development company
which has a contingent liability under this section. The notice
shall be given to the company as soon as possible after the
financing is identified, but not less than 90 days before the
date the Administration first makes any records on such
financing available for examination by prospective purchasers
prior to its offering in a package of loans for bulk sale.
``(2) Limitations.--The Administration shall not offer any
loan described in paragraph (1) as part of a bulk sale unless
it--
``(A) provides prospective purchasers with the
opportunity to examine the Administration's records
with respect to such loan; and
``(B) provides the notice required by paragraph
(1).''.
SEC. 307. LOAN LIQUIDATION.
(a) Liquidation and Foreclosure.--Title V of the Small Business
Investment Act of 1958 (15 U.S.C. 695 et seq.) is amended by adding at
the end the following:
``SEC. 510. FORECLOSURE AND LIQUIDATION OF LOANS.
``(a) Delegation of Authority.--In accordance with this section,
the Administration shall delegate to any qualified State or local
development company (as defined in section 503(e)) that meets the
eligibility requirements of subsection (b)(1) the authority to
foreclose and liquidate, or to otherwise treat in accordance with this
section, defaulted loans in its portfolio that are funded with the
proceeds of debentures guaranteed by the Administration under section
503.
``(b) Eligibility for Delegation.--
``(1) Requirements.--A qualified State or local development
company shall be eligible for a delegation of authority under
subsection (a) if--
``(A) the company--
``(i) has participated in the loan
liquidation pilot program established by the
Small Business Programs Improvement Act of 1996
(15 U.S.C. 695 note), as in effect on the day
before promulgation of final regulations by the
Administration implementing this section;
``(ii) is participating in the Premier
Certified Lenders Program under section 508; or
``(iii) during the 3 fiscal years
immediately prior to seeking such a delegation,
has made an average of not less than 10 loans
per year that are funded with the proceeds of
debentures guaranteed under section 503; and
``(B) the company--
``(i) has one or more employees--
``(I) with not less than 2 years of
substantive, decision-making experience
in administering the liquidation and
workout of problem loans secured in a
manner substantially similar to loans
funded with the proceeds of debentures
guaranteed under section 503; and
``(II) who have completed a
training program on loan liquidation
developed by the Administration in
conjunction with qualified State and
local development companies that meet
the requirements of this paragraph; or
``(ii) submits to the Administration
documentation demonstrating that the company
has contracted with a qualified third-party to
perform any liquidation activities and secures
the approval of the contract by the
Administration with respect to the
qualifications of the contractor and the terms
and conditions of liquidation activities.
``(2) Confirmation.--On request the Administration shall
examine the qualifications of any company described in
subsection (a) to determine if such company is eligible for the
delegation of authority under this section. If the
Administration determines that a company is not eligible, the
Administration shall provide the company with the reasons for
such ineligibility.
``(c) Scope of Delegated Authority.--
``(1) In general.--Each qualified State or local
development company to which the Administration delegates
authority under section (a) may with respect to any loan
described in subsection (a)--
``(A) perform all liquidation and foreclosure
functions, including the purchase in accordance with
this subsection of any other indebtedness secured by
the property securing the loan, in a reasonable and
sound manner according to commercially accepted
practices, pursuant to a liquidation plan approved in
advance by the Administration under paragraph (2)(A);
``(B) litigate any matter relating to the
performance of the functions described in subparagraph
(A), except that the Administration may--
``(i) defend or bring any claim if--
``(I) the outcome of the litigation
may adversely affect the
Administration's management of the loan
program established under section 502;
or
``(II) the Administration is
entitled to legal remedies not
available to a qualified State or local
development company and such remedies
will benefit either the Administration
or the qualified State or local
development company; or
``(ii) oversee the conduct of any such
litigation; and
``(C) take other appropriate actions to mitigate
loan losses in lieu of total liquidation or
foreclosures, including the restructuring of a loan in
accordance with prudent loan servicing practices and
pursuant to a workout plan approved in advance by the
Administration under paragraph (2)(C).
``(2) Administration approval.--
``(A) Liquidation plan.--
``(i) In general.--Before carrying out
functions described in paragraph (1)(A), a
qualified State or local development company
shall submit to the Administration a proposed
liquidation plan.
``(ii) Administration action on plan.--
``(I) Timing.--Not later than 15
business days after a liquidation plan
is received by the Administration under
clause (i), the Administration shall
approve or reject the plan.
``(II) Notice of no decision.--With
respect to any plan that cannot be
approved or denied within the 15-day
period required by subclause (I), the
Administration shall within such period
provide in accordance with subparagraph
(E) notice to the company that
submitted the plan.
``(iii) Routine actions.--In carrying out
functions described in paragraph (1)(A), a
qualified State or local development company
may undertake routine actions not addressed in
a liquidation plan without obtaining additional
approval from the Administration.
``(B) Purchase of indebtedness.--
``(i) In general.--In carrying out
functions described in paragraph (1)(A), a
qualified State or local development company
shall submit to the Administration a request
for written approval before committing the
Administration to the purchase of any other
indebtedness secured by the property securing a
defaulted loan.
``(ii) Administration action on request.--
``(I) Timing.--Not later than 15
business days after receiving a request
under clause (i), the Administration
shall approve or deny the request.
``(II) Notice of no decision.--With
respect to any request that cannot be
approved or denied within the 15-day
period required by subclause (I), the
Administration shall within such period
provide in accordance with subparagraph
(E) notice to the company that
submitted the request.
``(C) Workout plan.--
``(i) In general.--In carrying out
functions described in paragraph (1)(C), a
qualified State or local development company
shall submit to the Administration a proposed
workout plan.
``(ii) Administration action on plan.--
``(I) Timing.--Not later than 15
business days after a workout plan is
received by the Administration under
clause (i), the Administration shall
approve or reject the plan.
``(II) Notice of no decision.--With
respect to any workout plan that cannot
be approved or denied within the 15-day
period required by subclause (I), the
Administration shall within such period
provide in accordance with subparagraph
(E) notice to the company that
submitted the plan.
``(D) Compromise of indebtedness.--In carrying out
functions described in paragraph (1)(A), a qualified
State or local development company may--
``(i) consider an offer made by an obligor
to compromise the debt for less than the full
amount owing; and
``(ii) pursuant to such an offer, release
any obligor or other party contingently liable,
if the company secures the written approval of
the Administration.
``(E) Contents of notice of no decision.--Any
notice provided by the Administration under
subparagraphs (A)(ii)(II), (B)(ii)(II), or
(C)(ii)(II)--
``(i) shall be in writing;
``(ii) shall state the specific reason for
the Administration's inability to act on a plan
or request;
``(iii) shall include an estimate of the
additional time required by the Administration
to act on the plan or request; and
``(iv) if the Administration cannot act
because insufficient information or
documentation was provided by the company
submitting the plan or request, shall specify
the nature of such additional information or
documentation.
``(3) Conflict of interest.--In carrying out functions
described in paragraph (1), a qualified State or local
development company shall take no action that would result in
an actual or apparent conflict of interest between the company
(or any employee of the company) and any third party lender,
associate of a third party lender, or any other person
participating in a liquidation, foreclosure, or loss mitigation
action.
``(d) Suspension or Revocation of Authority.--The Administration
may revoke or suspend a delegation of authority under this section to
any qualified State or local development company, if the Administration
determines that the company--
``(1) does not meet the requirements of subsection (b)(1);
``(2) has violated any applicable rule or regulation of the
Administration or any other applicable law; or
``(3) fails to comply with any reporting requirement that
may be established by the Administration relating to carrying
out of functions described in paragraph (1).
``(e) Report.--
``(1) In general.--Based on information provided by
qualified State and local development companies and the
Administration, the Administration shall annually submit to the
Committees on Small Business of the House of Representatives
and of the Senate a report on the results of delegation of
authority under this section.
``(2) Contents.--Each report submitted under paragraph (1)
shall include the following information:
``(A) With respect to each loan foreclosed or
liquidated by a qualified State or local development
company under this section, or for which losses were
otherwise mitigated by the company pursuant to a
workout plan under this section--
``(i) the total cost of the project
financed with the loan;
``(ii) the total original dollar amount
guaranteed by the Administration;
``(iii) the total dollar amount of the loan
at the time of liquidation, foreclosure, or
mitigation of loss;
``(iv) the total dollar losses resulting
from the liquidation, foreclosure, or
mitigation of loss; and
``(v) the total recoveries resulting from
the liquidation, foreclosure, or mitigation of
loss, both as a percentage of the amount
guaranteed and the total cost of the project
financed.
``(B) With respect to each qualified State or local
development company to which authority is delegated
under this section, the totals of each of the amounts
described in clauses (i) through (v) of subparagraph
(A).
``(C) With respect to all loans subject to
foreclosure, liquidation, or mitigation under this
section, the totals of each of the amounts described in
clauses (i) through (v) of subparagraph (A).
``(D) A comparison between--
``(i) the information provided under
subparagraph (C) with respect to the 12-month
period preceding the date on which the report
is submitted; and
``(ii) the same information with respect to
loans foreclosed and liquidated, or otherwise
treated, by the Administration during the same
period.
``(E) The number of times that the Administration
has failed to approve or reject a liquidation plan in
accordance with subparagraph (A)(i), a workout plan in
accordance with subparagraph (C)(i), or to approve or
deny a request for purchase of indebtedness under
subparagraph (B)(i), including specific information
regarding the reasons for the Administration's failure
and any delays that resulted.''.
(b) Regulations.--
(1) In general.--Not later than 150 days after the date of
enactment of this Act, the Administrator shall issue such
regulations as may be necessary to carry out section 510 of the
Small Business Investment Act of 1958, as added by subsection
(a) of this section.
(2) Termination of pilot program.--Beginning on the date on
which final regulations are issued under paragraph (1), section
204 of the Small Business Programs Improvement Act of 1996 (15
U.S.C. 695 note) shall cease to have effect.
TITLE IV--CORRECTIONS TO THE SMALL BUSINESS INVESTMENT ACT OF 1958
SEC. 401. SHORT TITLE.
This title may be cited as the ``Small Business Investment
Corrections Act of 2000''.
SEC. 402. DEFINITIONS.
(a) Small Business Concern.--Section 103(5)(A)(i) of the Small
Business Investment Act of 1958 (15 U.S.C. 662(5)(A)(i)) is amended by
inserting before the semicolon at the end the following: ``regardless
of the allocation of control during the investment period under any
investment agreement between the business concern and the entity making
the investment''.
(b) Long Term.--Section 103 of the Small Business Investment Act of
1958 (15 U.S.C. 662) is amended--
(1) in paragraph (15), by striking ``and'' at the end;
(2) in paragraph (16), by striking the period at the end
and inserting ``; and''; and
(3) 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 not
less than 1 year.''.
SEC. 403. INVESTMENT IN SMALL BUSINESS INVESTMENT COMPANIES.
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.''.
SEC. 404. SUBSIDY FEES.
(a) Debentures.--Section 303(b) of the Small Business Investment
Act of 1958 (15 U.S.C. 683(b)) 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, for debentures
issued after September 30, 2000, an additional charge, in an amount
established annually by the Administration, of not more than 1 percent
per year as necessary to reduce to zero 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, which shall be paid to and retained by the Administration''.
(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,
for participating securities issued after September 30, 2000, an
additional charge, in an amount established annually by the
Administration, of not more than 1 percent per year as necessary to
reduce to zero 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,
which shall be paid to and retained by the Administration''.
SEC. 405. DISTRIBUTIONS.
Section 303(g)(8) of the Small Business Investment Act of 1958 (15
U.S.C. 683(g)(8)) is amended--
(1) by striking ``subchapter s corporation'' and inserting
``subchapter S corporation'';
(2) by striking ``the end of any calendar quarter based on
a quarterly'' and inserting ``any time during any calendar
quarter based on an''; and
(3) by striking ``quarterly distributions for a calendar
year,'' and inserting ``interim distributions for a calendar
year,''.
SEC. 406. 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''.
TITLE V--REAUTHORIZATION OF SMALL BUSINESS PROGRAMS
SEC. 501. SHORT TITLE.
This title may be cited as the ``Small Business Programs
Reauthorization Act of 2000''.
SEC. 502. REAUTHORIZATION OF SMALL BUSINESS PROGRAMS.
Section 20 of the Small Business Act (15 U.S.C. 631 note) is
amended by adding at the end the following:
``(g) 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 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
such sum, 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 cooperative agreements for a total
amount of $5,000,000 for the Service Corps of Retired
Executives program authorized by section 8(b)(1).
``(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 it may approve loans under
section 7(a)(21) of this Act in gross amounts
of not more than $1,250,000.
``(h) 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 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
such sum, 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 cooperative agreements for a total
amount of $6,000,000 for the Service Corps of Retired
Executives program authorized by section 8(b)(1).
``(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 it may approve loans under
section 7(a)(21) of this Act in gross amounts
of not more than $1,250,000.
``(i) 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 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
such sum, 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 for a total
amount of $7,000,000 for the Service Corps of Retired
Executives program authorized by section 8(b)(1).
``(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 it may approve loans under
section 7(a)(21) of this Act in gross amounts
of not more than $1,250,000.''.
SEC. 503. ADDITIONAL REAUTHORIZATIONS.
(a) Drug-Free Workplace Program.--Section 27 of the Small Business
Act (15 U.S.C. 654) is amended--
(1) in the section heading, by striking ``DRUG-FREE
WORKPLACE DEMONSTRATION PROGRAM'' and inserting ``PAUL D.
COVERDELL DRUG-FREE WORKPLACE PROGRAM''; and
(2) in subsection (g)(1), by striking ``$10,000,000 for
fiscal years 1999 and 2000'' and inserting ``$5,000,000 for
each of fiscal years 2001 through 2003''.
(b) HUBZone Program.--Section 31 of the Small Business Act (15
U.S.C. 657a) is amended by adding at the end the following:
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the program established by this section
$10,000,000 for each of fiscal years 2001 through 2003.''.
(c) Women's Business Enterprise Development Programs.--Section 411
of the Women's Business Ownership Act (Public Law 105-135; 15 U.S.C.
631 note) is amended by striking ``$600,000, for each of fiscal years
1998 through 2000,'' and inserting ``$1,000,000 for each of fiscal
years 2001 through 2003,''.
(d) Very Small Business Concerns Program.--Section 304(i) of the
Small Business Administration Reauthorization and Amendments Act of
1994 (Public Law 103-403; 15 U.S.C. 644 note) is amended by striking
``September 30, 2000'' and inserting ``September 30, 2003''.
(e) Socially and Economically Disadvantaged Businesses Program.--
Section 7102(c) of the Federal Acquisition Streamlining Act of 1994
(Public Law 103-355; 15 U.S.C. 644 note) is amended by striking
``September 30, 2000'' and inserting ``September 30, 2003''.
(f) SBDC Services.--Section 21(c)(3)(T) of the Small Business Act
(15 U.S.C. 648(c)(3)(T)) is amended by striking ``2000'' and inserting
``2003''.
SEC. 504. COSPONSORSHIP.
(a) In General.--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.''.
(b) Extension of Cosponsorship Authority.--Section 401(a)(2) of the
Small Business Administration Reauthorization and Amendments Act of
1994 (15 U.S.C. 637 note) is amended by striking ``September 30, 2000''
and inserting ``September 30, 2003''.
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--
``(i) an Alaska Native 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 of
an Alaska Native Corporation qualifying
pursuant to section 29(e)(1) of the Alaska
Native Claims Settlement Act (43 U.S.C.
1626(e)(1)), if that subsidiary, joint venture,
or partnership 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--
``(i) that is wholly owned by 1 or more
Indian tribal governments, or by a corporation
that is wholly owned by 1 or more Indian tribal
governments; or
``(ii) that is owned in part by 1 or more
Indian tribal governments, or by a corporation
that is wholly owned by 1 or more Indian tribal
governments, if all other owners are either
United States citizens or small business
concerns.''.
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
subparagraph (A) or (B) of
paragraph (3), and that its
principal office is located in
a HUBZone and not fewer than 35
percent of its employees reside
in a HUBZone; or
``(bb) 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 adjoining
any such Indian reservation;
``(II) the small business concern
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, an Alaska
Native Corporation under paragraph (3)(B)(i),
or a direct or indirect subsidiary, joint
venture, or partnership under paragraph
(3)(B)(ii) 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 who will be engaged in
performing a contract awarded to it on
the basis of a preference provided
under section 31(b) will 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 or
in any Alaska Native Village within the
State of Alaska.
``(ii) Exception.--
``(I) In general.--Clause (i) shall
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 2 percent of the total amount of
such contract dollars awarded to all
small business concerns nationally,
based on data from the Federal
Procurement Data System.
``(II) Limitation.--Subclause (I)
shall not be construed to disqualify a
HUBZone small business concern from
performing a contract awarded to it on
the basis of a preference provided
under section 31(b), if such concern
was qualified under clause (i) at the
time at which the contract was
awarded.''.
(c) Clarifying 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 made the certification required by subparagraph
(A)(i) regarding 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'--
``(i) has the same meaning as the term
`Indian country' in section 1151 of title 18,
United States Code, except that such term does
not include--
``(I) any lands that are located
within a State in which a tribe did not
exercise governmental jurisdiction on
the date of enactment of this
paragraph, unless that tribe is
recognized after that date of enactment
by either an Act of Congress or
pursuant to regulations of the
Secretary of the Interior for the
administrative recognition that an
Indian group exists as an Indian tribe
(part 83 of title 25, Code of Federal
Regulations); and
``(II) lands taken into trust or
acquired by an Indian tribe after the
date of enactment of this paragraph if
such lands are not located within the
external boundaries of an Indian
reservation or former reservation or
are not contiguous to the lands held in
trust or restricted status on that date
of enactment; and
``(ii) in the State of Oklahoma, means
lands 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) the unemployment rate is 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.''.
SEC. 612. ELIGIBLE CONTRACTS.
(a) Commodities 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.--For purchases by
the Secretary of Agriculture of agricultural
commodities, the price evaluation preference shall be--
``(i) 10 percent, for the portion of a
contract to be awarded that is not greater than
25 percent of the total volume being procured
for each commodity in a single invitation;
``(ii) 5 percent, for the portion of a
contract to be awarded that is greater than 25
percent, but not greater than 40 percent, of
the total volume being procured for each
commodity in a single invitation; and
``(iii) zero, for the portion of a contract
to be awarded that is greater than 40 percent
of the total volume being procured for each
commodity in a single invitation.''; and
(2) in paragraph (4), by striking ``paragraph (2) or (3)''
and inserting ``this subsection''.
(b) Definitions.--Section 3(p) of the Small Business Act (15 U.S.C.
632(p)), as amended by this Act, is amended--
(1) in paragraph (5)(A)(i)(III)--
(A) in item (aa), by striking ``and'' at the end;
and
(B) by adding at the end the following:
``(cc) in the case of a
contract for the procurement by
the Secretary of Agriculture of
agricultural commodities, none
of the commodity being procured
will be obtained by the prime
contractor through a
subcontract for the purchase of
the commodity in substantially
the final form in which it is
to be supplied to the
Government; and''; and
(2) by adding at the end the following:
``(7) Agricultural commodity.--The term `agricultural
commodity' has the same meaning as in section 102 of the
Agricultural Trade Act of 1978 (7 U.S.C. 5602).''.
SEC. 613. HUBZONE REDESIGNATED AREAS.
Section 3(p) of the Small Business Act (15 U.S.C. 632(p)) is
amended--
(1) in paragraph (1)--
(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) redesignated areas.''; and
(2) in paragraph (4), by adding at the end the following:
``(C) Redesignated area.--The term `redesignated
area' means any census tract that ceases to be
qualified under subparagraph (A) and any
nonmetropolitan county that ceases to be qualified
under subparagraph (B), except that a census tract or a
nonmetropolitan county may be a `redesignated area'
only for the 3-year period following the date on which
the census tract or nonmetropolitan county ceased to be
so qualified.''.
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 small business concern that is--
``(i) wholly owned by 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.); or
``(ii) owned in part by 1 or more community
development corporations, if all other owners
are either United States citizens or small
business concerns.''; and
(2) in paragraph (5)(A)(i)(I)(aa), by striking
``subparagraph (A) or (B)'' and inserting ``subparagraph (A),
(B), or (D)''.
SEC. 615. REFERENCE CORRECTIONS.
(a) Section 3.--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)''.
(b) Section 8.--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,''.
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 to be 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. LOAN APPLICATION PROCESSING.
(a) Study.--The Administrator of the Small Business Administration
shall conduct a study to determine the average time that the
Administration requires to process an application for each type of loan
or loan guarantee made under the Small Business Act (15 U.S.C. 631 et
seq.).
(b) Transmittal.--Not later than 1 year after the date of enactment
of this Act, the Administrator shall transmit to Congress the results
of the study conducted under subsection (a).
SEC. 802. APPLICATION OF OWNERSHIP REQUIREMENTS.
(a) Small Business Act.--Section 7(a) of the Small Business Act (15
U.S.C. 636(a)) is amended by adding at the end the following:
``(29) Ownership requirements.--Ownership requirements to
determine the eligibility of a small business concern that
applies for assistance under any credit program under this Act
shall be determined without regard to any ownership interest of
a spouse arising solely from the application of the community
property laws of a State for purposes of determining marital
interests.''.
(b) Small Business Investment Act of 1958.--Section 502 of the
Small Business Investment Act of 1958 (15 U.S.C. 696) is amended by
adding at the end the following:
``(6) Ownership requirements.--Ownership requirements to
determine the eligibility of a small business concern that
applies for assistance under any credit program under this
title shall be determined without regard to any ownership
interest of a spouse arising solely from the application of the
community property laws of a State for purposes of determining
marital interests.''.
SEC. 803. 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 concerns
owned and controlled by service-disabled veterans,'' after
``small business concerns owned and controlled by veterans,''.
SEC. 804. SMALL BUSINESS DEVELOPMENT CENTER PROGRAM FUNDING.
(a) Authorization.--
(1) In general.--Section 20(a)(1) of the Small Business Act
(15 U.S.C. 631 note) is amended by striking ``For fiscal year
1985'' and all that follows through ``expended.'' and inserting
the following: ``For fiscal year 2000 and each fiscal year
thereafter, there are authorized to be appropriated such sums
as may be necessary and appropriate, to remain available until
expended, and to be available solely--
``(A) to carry out the Small Business Development Center
Program under section 21, but not to exceed the annual funding
level, as specified in section 21(a);
``(B) to pay the expenses of the National Small Business
Development Center Advisory Board, as provided in section
21(i);
``(C) to pay the expenses of the information sharing
system, as provided in section 21(c)(8);
``(D) to pay the expenses of the association referred to in
section 21(a)(3)(A) for conducting the certification program,
as provided in section 21(k)(2); and
``(E) to pay the expenses of the Administration, including
salaries of examiners, for conducting examinations as part of
the certification program conducted by the association referred
to in section 21(a)(3)(A).''.
(2) Technical amendment.--Section 20(a) of the Small
Business Act (15 U.S.C. 631 note) is amended by moving the
margins of paragraphs (3) and (4), including subparagraphs (A)
and (B) of paragraph (4), 2 ems to the left.
(b) Funding Formula.--Section 21(a)(4)(C) of the Small Business Act
(15 U.S.C. 648(a)(4)(C)) is amended to read as follows:
``(C) Funding formula.--
``(i) In general.--Subject to clause (iii), the
amount of a formula grant received by a State under
this subparagraph shall be equal to an amount
determined in accordance with the following formula:
``(I) The annual amount made available
under section 20(a) for the Small Business
Development Center Program, less any reductions
made for expenses authorized by clause (v) of
this subparagraph, shall be divided on a pro
rata basis, based on the percentage of the
population of each State, as compared to the
population of the United States.
``(II) If the pro rata amount calculated
under subclause (I) for any State is less than
the minimum funding level under clause (iii),
the Administration shall determine the
aggregate amount necessary to achieve that
minimum funding level for each such State.
``(III) The aggregate amount calculated
under subclause (II) shall be deducted from the
amount calculated under subclause (I) for
States eligible to receive more than the
minimum funding level. The deductions shall be
made on a pro rata basis, based on the
population of each such State, as compared to
the total population of all such States.
``(IV) The aggregate amount deducted under
subclause (III) shall be added to the grants of
those States that are not eligible to receive
more than the minimum funding level in order to
achieve the minimum funding level for each such
State, except that the eligible amount of a
grant to any State shall not be reduced to an
amount below the minimum funding level.
``(ii) Grant determination.--The amount of a grant
that a State is eligible to apply for under this
subparagraph shall be the amount determined under
clause (i), subject to any modifications required under
clause (iii), and shall be based on the amount
available for the fiscal year in which performance of
the grant commences, but not including amounts
distributed in accordance with clause (iv). The amount
of a grant received by a State under any provision of
this subparagraph shall not exceed the amount of
matching funds from sources other than the Federal
Government, as required under subparagraph (A).
``(iii) Minimum funding level.--The amount of the
minimum funding level for each State shall be
determined for each fiscal year based on the amount
made available for that fiscal year to carry out this
section, as follows:
``(I) If the amount made available is not
less than $81,500,000 and not more than
$90,000,000, the minimum funding level shall be
$500,000.
``(II) If the amount made available is less
than $81,500,000, the minimum funding level
shall be the remainder of $500,000 minus a
percentage of $500,000 equal to the percentage
amount by which the amount made available is
less than $81,500,000.
``(III) If the amount made available is
more than $90,000,000, the minimum funding
level shall be the sum of $500,000 plus a
percentage of $500,000 equal to the percentage
amount by which the amount made available
exceeds $90,000,000.
``(iv) Distributions.--Subject to clause (iii), if
any State does not apply for, or use, its full funding
eligibility for a fiscal year, the Administration shall
distribute the remaining funds as follows:
``(I) If the grant to any State is less
than the amount received by that State in
fiscal year 2000, the Administration shall
distribute such remaining funds, on a pro rata
basis, based on the percentage of shortage of
each such State, as compared to the total
amount of such remaining funds available, to
the extent necessary in order to increase the
amount of the grant to the amount received by
that State in fiscal year 2000, or until such
funds are exhausted, whichever first occurs.
``(II) If any funds remain after the
application of subclause (I), the remaining
amount may be distributed as supplemental
grants to any State, as the Administration
determines, in its discretion, to be
appropriate, after consultation with the
association referred to in subsection
(a)(3)(A).
``(v) Use of amounts.--
``(I) In general.--Of the amounts made
available in any fiscal year to carry out this
section--
``(aa) not more than $500,000 may
be used by the Administration to pay
expenses enumerated in subparagraphs
(B) through (D) of section 20(a)(1);
and
``(bb) not more than $500,000 may
be used by the Administration to pay
the examination expenses enumerated in
section 20(a)(1)(E).
``(II) Limitation.--No funds described in
subclause (I) may be used for examination
expenses under section 20(a)(1)(E) if the usage
would reduce the amount of grants made
available under clause (i)(I) of this
subparagraph to less than $85,000,000 (after
excluding any amounts provided in
appropriations Acts for specific institutions
or for purposes other than the general small
business development center program) or would
further reduce the amount of such grants below
such amount.
``(vi) Exclusions.--Grants provided to a State by
the Administration or another Federal agency to carry
out subsection (a)(6) or (c)(3)(G), or for supplemental
grants set forth in clause (iv)(II) of this
subparagraph, shall not be included in the calculation
of maximum funding for a State under clause (ii) of
this subparagraph.
``(vii) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
subparagraph $125,000,000 for each of fiscal years
2001, 2002, and 2003.
``(viii) State defined.--In this subparagraph, the
term `State' means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, and American Samoa.''.
SEC. 805. 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. 806. 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
the following: ``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.
SEC. 807. NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT CENTERS.
(a) In General.--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 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e));
``(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 Alaska
Native, Indian, or Native Hawaiian lands;
``(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 `Indian lands' includes lands within the
definition of--
``(A) the term `Indian country', as defined in
section 1151 of title 18, United States Code; and
``(B) the term `reservation', as defined in--
``(i) section 3(d) of the Indian Financing
Act of 1974 (25 U.S.C. 1452(d)), except that
such section shall be applied by treating the
term `former Indian reservations in Oklahoma'
as including only lands that are within the
jurisdictional area of an Oklahoma Indian Tribe
(as determined by the Secretary of the
Interior) and 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 section; and
``(ii) section 4(10) of the Indian Child
Welfare Act (25 U.S.C. 1903(10));
``(6) the term `Tribal Business Information Center' means a
business information center established by the Administration
and a tribal organization on Alaska Native, Indian, or Native
Hawaiian lands, 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 Alaska Native, Indian, and Native Hawaiian 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,
or 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.''.
(b) Native Hawaiian Organizations Under Section 8(a).--Section
8(a)(15)(A) of the Small Business Act (15 U.S.C. 637(a)(15)(A)) is
amended to read as follows:
``(A) is a nonprofit corporation that has filed articles of
incorporation with the director (or the designee thereof) of
the Hawaii Department of Commerce and Consumer Affairs, or any
successor agency,''.
Attest:
Secretary.
106th CONGRESS
2d Session
H. R. 2392
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