S.Amdt. 4743

1. Adds SEC. 6. ENERGY EMERGENCY DISASTER RELIEF LOANS TO SMALL BUSINESS AND AGRICULTURAL PRODUCERS at the end of the bill

   Adds a section

   In S. 3711 · Placed on Calendar Senate

   (B) any remainder of the qualified outer Continental Shelf revenues shall revert to the general fund of the Treasury.

   Inserted: SEC. 6. ENERGY EMERGENCY DISASTER RELIEF LOANS TO SMALL BUSINESS AND AGRICULTURAL PRODUCERS.

   Inserted: (a) Definitions.--In this section:

   Inserted: (1) Administrator.--The term "Administrator" means the Administrator of the Small Business Administration; and

   Inserted: (2) Small business concern.--The term "small business concern" has the meaning given the term in section 3 of the Small Business Act (15 U.S.C. 632).

   Inserted: (b) Small Business Producer Energy Emergency Disaster Loan Program.--

   Inserted: (1) Disaster loan authority.--Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting immediately after paragraph (3) the following:

   Inserted: "(4) Energy disaster loans.--

   Inserted: "(A) Definitions.--In this paragraph--

   Inserted: "(i) the term 'base price index' means the moving average of the closing unit price on the New York Mercantile Exchange for heating oil, natural gas, gasoline, or propane for the 10 days that correspond to the trading days described in clause (ii) in each of the most recent 2 preceding years;

   Inserted: "(ii) the term 'current price index' means the moving average of the closing unit price on the New York Mercantile Exchange, for the 10 most recent trading days, for contracts to purchase heating oil, natural gas, gasoline, or propane during the subsequent calendar month, commonly known as the 'front month'; and

   Inserted: "(iii) the term 'significant increase' means--

   Inserted: "(I) with respect to the price of heating oil, natural gas, gasoline, or propane, any time the current price index exceeds the base price index by not less than 40 percent; and

   Show 37 more inserted paragraphsShow less

   Inserted: "(II) with respect to the price of kerosene, any increase which the Administrator, in consultation with the Secretary of Energy, determines to be significant.

   Inserted: "(B) Loan authority.--The Administrator 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 on or after January 1, 2005, as the result of a significant increase in the price of heating oil, natural gas, gasoline, propane, or kerosene occurring on or after January 1, 2005.

   Inserted: "(C) Interest rate.--Any loan or guarantee extended pursuant to this paragraph shall be made at the same interest rate as economic injury loans under paragraph (2).

   Inserted: "(D) Maximum amount.--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 borrower constitutes a major source of employment in its surrounding area, as determined by the Administrator, in which case the Administrator, in the discretion of the Administrator, may waive the $1,500,000 limitation.

   Inserted: "(E) Disaster declaration.--For purposes of assistance under this paragraph--

   Inserted: "(i) a declaration of a disaster area based on conditions specified in this paragraph shall be required, and shall be made by the President or the Administrator; or

   Inserted: "(ii) if no declaration has been made pursuant to clause (i), the Governor of a State in which a significant increase in the price of heating oil, natural gas, gasoline, propane, or kerosene has occurred may certify to the Administrator that small business concerns have suffered economic injury as a result of such increase and are in need of financial assistance which is not otherwise available on reasonable terms in that State, and upon receipt of such certification, the Administrator may make such loans as would have been available under this paragraph if a disaster declaration had been issued.

   Inserted: "(F) Conversion.--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 oil, natural gas, gasoline, propane, or kerosene to a renewable or alternative energy source, including agriculture and urban waste, geothermal energy, cogeneration, solar energy, wind energy, or fuel cells.".

   Inserted: (2) Conforming amendments.--Section 3(k) of the Small Business Act (15 U.S.C. 632(k)) is amended--

   Inserted: (A) by inserting ", a significant increase in the price of heating oil, natural gas, gasoline, propane, or kerosene," after "civil disorders"; and

   Inserted: (B) by inserting "other" before "economic".

   Inserted: (c) Agricultural Producer Emergency Loans.--

   Inserted: (1) In general.--Section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) is amended--

   Inserted: (A) in the first sentence--

   Inserted: (i) by striking "aquaculture operations have" and inserting "aquaculture operations (i) have"; and

   Inserted: (ii) 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 January 1, 2005, as the result of a significant increase in energy costs or input costs from energy sources occurring on or after January 1, 2005, in connection with an energy emergency declared by the President or the Secretary";

   Inserted: (B) 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

   Inserted: (C) in the fourth sentence--

   Inserted: (i) by striking "or natural disaster" each place that term appears and inserting ", natural disaster, or energy emergency"; and

   Inserted: (ii) by inserting "or declaration" after "emergency designation".

   Inserted: (2) 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.) shall be available to carry out the amendments made by paragraph (1) to meet the needs resulting from natural disasters.

   Inserted: (d) Guidelines and Rulemaking.--

   Inserted: (1) Guidelines.--Not later than 30 days after the date of enactment of this Act, the Administrator and the Secretary of Agriculture shall each issue guidelines to carry out subsections (b) and (c), respectively, and the amendments made thereby, which guidelines shall become effective on the date of their issuance.

   Inserted: (2) Rulemaking.--Not later than 30 days after the date of enactment of this Act, the Administrator, after consultation with the Secretary of Energy, shall promulgate regulations specifying the method for determining a significant increase in the price of kerosene under section 7(b)(4)(A)(iii)(II) of the Small Business Act, as added by this section.

   Inserted: (e) Reports.--

   Inserted: (1) Small business administration.--Not later than 12 months after the date on which the Administrator issues guidelines under subsection (d)(1), and annually thereafter, until the date that is 12 months after the end of the effective period of section 7(b)(4) of the Small Business Act, as added by this section, 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 assistance made available under section 7(b)(4) of the Small Business Act, as added by this section, including--

   Inserted: (A) the number of small business concerns that applied for a loan under such section 7(b)(4) and the number of those that received such loans;

   Inserted: (B) the dollar value of those loans;

   Inserted: (C) the States in which the small business concerns that received such loans are located;

   Inserted: (D) the type of energy that caused the significant increase in the cost for the participating small business concerns; and

   Inserted: (E) recommendations for ways to improve the assistance provided under such section 7(b)(4), if any.

   Inserted: (2) Department of agriculture.--Not later than 12 months after the date on which the Secretary of Agriculture issues guidelines under subsection (d)(1), and annually thereafter, until the date that is 12 months after the end of the effective period of the amendments made to section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) by this section, the Secretary shall submit to the Committee on Small Business and Entrepreneurship and the Committee on Agriculture, Nutrition, and Forestry of the Senate and to the Committee on Small Business and the Committee on Agriculture of the House of Representatives, a report that--

   Inserted: (A) describes the effectiveness of the assistance made available under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)), as amended by this section; and

   Inserted: (B) contains recommendations for ways to improve the assistance provided under such section 321(a).

   Inserted: (f) Effective Date.--

   Inserted: (1) Small business.--The amendments made by subsection (b) shall apply during the 4-year period beginning on the earlier of the date on which guidelines are published by the Administrator under subsection (d)(1) or 30 days after the date of enactment of this Act, with respect to assistance under section 7(b)(4) of the Small Business Act, as added by this section.

   Inserted: (2) Agriculture.--The amendments made by subsection (c) shall apply during the 4-year period beginning on the earlier of the date on which guidelines are published by the Secretary of Agriculture under subsection (d)(1) or 30 days after the date of enactment of this Act, with respect to assistance under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)), as amended by this section.

   Original wording

   At the end, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed