Home > 106th Congressional Bills > H.R. 5409 (ih) To extend for 9 additional months the period for which chapter 12 of title 11 of the United States Code is reenacted. [Introduced in House] ...H.R. 5409 (ih) To extend for 9 additional months the period for which chapter 12 of title 11 of the United States Code is reenacted. [Introduced in House] ...
108th CONGRESS
2d Session
H. R. 5408
To provide emergency relief to small businesses affected by significant
increases in the prices of electricity, heating oil, natural gas,
propane, and kerosene, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 19, 2004
Mr. Larson of Connecticut introduced the following bill; which was
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
_______________________________________________________________________
A BILL
To provide emergency relief to small businesses affected by significant
increases in the prices of electricity, 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 and Farm Energy
Emergency Relief Act of 2004''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) a significant number of small businesses in the United
States, non-farm as well as agricultural producers, use heating
oil, natural gas, propane, kerosene, or electricity 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, or 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 loans, either
directly or in cooperation with banks or other lending
institutions through agreements to participate on an immediate
or deferred basis, to assist a small business concern that has
suffered or that is likely to suffer substantial economic
injury as the result of a sharp and significant increase in the
price of heating fuel or electricity.
``(C) Any loan or guarantee extended pursuant to this
paragraph shall be made at the same interest rate as economic
injury loans under paragraph (2).
``(D) 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.
``(E) For purposes of assistance under this paragraph--
``(i) in lieu of the requirement of the
declaration of a disaster area, a declaration
that an area is affected by a sharp and
significant increase in the price of heating
fuel or electricity 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 or electricity 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
declaration under clause (i) had been issued.
``(F) Notwithstanding any other provision of law, loans
made under this paragraph may be used by a small business
concern described in subparagraph (B) to convert from the use
of heating fuel or electricity to a renewable or alternative
energy source, including agriculture and urban waste,
geothermal energy, cogeneration, solar energy, wind energy, and
fuel cells.''.
SEC. 4. AGRICULTURAL PRODUCER EMERGENCY LOANS.
(a) In General.--Section 321(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961(a)) is amended--
(1) in the first sentence--
(A) by striking ``operations have'' and inserting
``operations (i) have''; and
(B) by inserting before ``: Provided,'' the
following: ``, or (ii)(I) are owned or operated by such
an applicant that is also a small business concern (as
defined in section 3 of the Small Business Act (15
U.S.C. 632)), and (II) have suffered or are likely to
suffer substantial economic injury on or after November
1, 2004, as the result of a sharp and significant
increase in energy costs or input costs from energy
sources occurring on or after November 1, 2004, in
connection with an energy emergency declared by the
President or the Secretary'';
(2) in the third sentence, by inserting before the period
at the end the following: ``or by an energy emergency declared
by the President or the Secretary''; and
(3) in the fourth sentence--
(A) by inserting ``or energy emergency'' after
``natural disaster'' each place it appears; and
(B) by inserting ``or declaration'' after
``emergency designation''.
(b) Funding.--Funds available on the date of enactment of this Act
for emergency loans under subtitle C of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961 et seq.) made to meet the needs
resulting from natural disasters shall be available to carry out the
amendments made by subsection (a).
SEC. 5. GUIDELINES.
Not later than 30 days after the date of enactment of this Act, the
Administrator of the Small Business Administration and the Secretary of
Agriculture shall each issue such guidelines as the Administrator and
the Secretary, as applicable, determines to be necessary to carry out
this Act and the amendments made by this Act.
SEC. 6. REPORTS.
(a) Small Business.--Not later than 18 months after the date of
final publication by the Administrator of the Small Business
Administration of the guidelines issued under section 5, the
Administrator shall submit to the Committee on Small Business and
Entrepreneurship of the Senate and the Committee on Small Business of
the House of Representatives, a report on the effectiveness of the
program established under section 7(b)(4) of the Small Business Act, as
added by this Act, including--
(1) the number of small businesses that applied to
participate in the program and the number of those that
received loans under the program;
(2) the dollar value of those loans;
(3) the States in which the small business concerns that
participated in the program are located;
(4) the type of heating fuel or energy that caused the
sharp and significant increase in the cost for the
participating small business concerns; and
(5) recommendations for improvements to the program, if
any.
(b) Agriculture.--Not later than 18 months after the date of final
publication by the Secretary of Agriculture of the guidelines issued
under section 5, the Secretary shall submit to the Committees on Small
Business and Entrepreneurship and Agriculture, Nutrition, and Forestry
of the Senate and the Committees on Small Business and Agriculture of
the House of Representatives, a report on the effectiveness of loans
made available as a result of the amendments made by section 4,
together with recommendations for improvements to the loans, if any.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
economic injuries suffered or likely to be suffered as the result of
sharp and significant increases in energy prices which occur on or
after November 1, 2004.
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