Amends the Consolidated Farm and Rural Development Act to authorize the Secretary of Agriculture to make loans to farm operations that qualify as a small business and have or are likely to suffer substantial economic injury from a sharp and significant increase in energy costs or input costs from energy sources occurring on or after June 1, 2000, in connection with an energy emergency declared by the President or the Secretary.
Requires the SBA Administrator and the Secretary to report to specified congressional committees on the effectiveness of such loan programs.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 295 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 295
To provide emergency relief to small businesses affected by significant
increases in the prices of heating oil, natural gas, propane, and
kerosene, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 8, 2001
Mr. Kerry (for himself, Mr. Lieberman, Ms. Snowe, Mr. Bingaman, Ms.
Landrieu, Mr. Johnson, Mr. Domenici, Mr. Levin, Mr. Wellstone, Mr.
Jeffords, Mr. Harkin, Mr. Schumer, Mrs. Clinton, Mr. Kohl, Mr. Edwards,
Mr. Leahy, Mr. Baucus, Ms. Collins, Mr. Smith of New Hampshire, Mr.
Dodd, Mr. Chafee, and Mr. Bayh) introduced the following bill; which
was read twice and referred to the Committee on Small Business
_______________________________________________________________________
A BILL
To provide emergency relief to small businesses affected by significant
increases in the prices of heating oil, natural gas, propane, and
kerosene, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Energy Emergency
Relief Act of 2001''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) a significant number of small businesses in the United
States use heating oil, natural gas, propane, or kerosene to
heat their facilities and for other purposes;
(2) a significant number of small businesses in the United
States sell, distribute, market, or otherwise engage in
commerce directly related to heating oil, natural gas, propane,
and kerosene; and
(3) sharp and significant increases in the price of heating
oil, natural gas, propane, or kerosene--
(A) disproportionately harm small businesses
dependent on those fuels or that use, sell, or
distribute those fuels in the ordinary course of their
business, and can cause them substantial economic
injury;
(B) can negatively affect the national economy and
regional economies;
(C) have occurred in the winters of 1983-1984,
1988-1989, 1996-1997, and 1999-2000; and
(D) can be caused by a host of factors, including
global or regional supply difficulties, weather
conditions, insufficient inventories, refinery
capacity, transportation, and competitive structures in
the markets, causes that are often unforeseeable to
those who own and operate small businesses.
SEC. 3. SMALL BUSINESS ENERGY EMERGENCY DISASTER LOAN PROGRAM.
Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is
amended by inserting after paragraph (3) the following:
``(4)(A) In this paragraph--
``(i) the term `heating fuel' means heating oil,
natural gas, propane, and kerosene; and
``(ii) the term `sharp and significant increase'
shall have the meaning given that term by the
Administrator, in consultation with the Secretary of
Energy.
``(B) The Administration may make such disaster loans,
including revolving lines of credit, either directly or in
cooperation with banks or other lending institutions through
agreements to participate on an immediate or deferred basis, to
assist a small business concern that has suffered or that is
likely to suffer substantial economic injury as the result of a
sharp and significant increase in the price of heating fuel.
``(C) A small business concern described in subparagraph
(B) shall be eligible to apply for assistance under this
paragraph beginning on the date on which the sharp and
significant increase in heating fuel cost occurs, as determined
by the Administration, and ending 6 months after that date.
``(D) Any loan or guarantee extended pursuant to this
paragraph shall be made at the same interest rate as economic
injury loans under paragraph (2).
``(E) No loan may be made under this paragraph, either
directly or in cooperation with banks or other lending
institutions through agreements to participate on an immediate
or deferred basis, if the total amount outstanding and
committed to the borrower under this subsection would exceed
$1,500,000, unless such applicant constitutes a major source of
employment in its surrounding area, as determined by the
Administration, in which case the Administration, in its
discretion, may waive the $1,500,000 limitation.
``(F) For purposes of assistance under this paragraph--
``(i) a declaration of a disaster area shall be
required, and shall be made by the President or the
Administrator; or
``(ii) if no declaration has been made pursuant to
clause (i), the Governor of a State in which a sharp
and significant increase in the price of heating fuel
has occurred may certify to the Administration that
small business concerns have suffered economic injury
as a result of such increase and are in need of
financial assistance which is not available on
reasonable terms in that State, and upon receipt of
such certification, the Administration may make such
loans as would have been available under this paragraph
if a disaster declaration had been issued.''.
SEC. 4. GUIDELINES.
Not later than 30 days after the date of enactment of this Act, the
Administrator of the Small Business Administration shall issue such
guidelines as the Administrator determines to be necessary to carry out
this Act and the amendments made by this Act.
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply to economic injury
suffered or likely to be suffered as the result of sharp and
significant increases in the price of heating fuel occurring on or
after November 1, 2000.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1225-1227)
Read twice and referred to the Committee on Small Business. (text of measure as introduced: CR S1227)
Committee on Small Business. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Small Business. Reported by Senator Bond with an amendment in the nature of a substitute. With written report No. 107-4.
Committee on Small Business. Reported by Senator Bond with an amendment in the nature of a substitute. With written report No. 107-4.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 21.
Measure laid before Senate by unanimous consent. (consideration: CR S2909-2913; text of measure as reported in Senate: CR S2910)
The committee substitute as amended agreed to by Unanimous Consent.
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S2912-2913)
Passed Senate with an amendment by Unanimous Consent. (text: CR S2912-2913)
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Message on Senate action sent to the House.
Received in the House.
Referred to the Committee on Small Business, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Small Business, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Small Business, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Conservation, Credit, Rural Development and Research.