To authorize the Administrator of the Small Business Administration to make loans to certain concerns that suffered economic and other injury as result of the terrorist attacks against the United States that occurred on September 11, 2001, and for other purposes.

Summary: Small Business Emergency Relief Act of 2001 Authorizes the Administrator of the Small Business Administration to make disaster loans to small business concerns and other eligible entities that were injured as a result of the September 11, 2001, terrorists attacks. Makes such loans available for repair, rehabilitation, refinancing, or replacement of damaged or destroyed real or personal property and any economic injury. Includes charitable organizations among those eligible for such loans.Authorizes the Administrator to forgive or undertake obligations under loans already made under the Small Business Act to recipients which have suffered substantial economic injury as a result of the September 11, 2001, terrorist attacks.Amends the Small Business Act to prohibit the sale of disaster loans.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Emergency Relief Act 
of 2001''.

SEC. 2. LOANS FOR DISASTER OF SEPTEMBER 11, 2001.

    (a) In General.--The Administrator of the Small Business 
Administration may make loans under section 7(b) of the Small Business 
Act (15 U.S.C. 636(b)) to small business concerns and other entities 
made eligible under subsection (b) that were injured as a result of the 
terrorist attacks against the United States that occurred on September 
11, 2001.
    (b) Special Rules.--Notwithstanding the requirements of section 
7(b) of the Small Business Act (15 U.S.C. 636(b)), the following 
special rules apply to loans described in subsection (a):
            (1) Purpose of loans.--The Administrator may make such 
        loans for--
                    (A) repair, rehabilitation, refinancing, or 
                replacement of damaged or destroyed real or personal 
                property; and
                    (B) any economic injury.
            (2) Interest rate.--The Administrator may charge interest 
        on any such loan. Such charge may not exceed a rate of 4 
        percent per year.
            (3) Amount of loans.--For the purpose of such loans, if the 
        Administrator considers it necessary or appropriate, the 
        Administrator may waive the $1,500,000 limitation on the total 
        amount that can be outstanding and committed to a concern under 
        section 7(b) of the Small Business Act (15 U.S.C. 636(b)).
            (4) Credit elsewhere.--The Administrator may make such 
        loans without regard to the ability of a small business concern 
        to obtain credit elsewhere.
            (5) Waiver of size standards.--For the purpose such loans, 
        if the Administrator determines it to be necessary or 
        appropriate, the Administrator may waive any size standard 
        established under section 3(a)(2) of the Small Business Act (15 
        U.S.C. 632(a)(2)) with respect to a business concern that does 
        not exceed 150 percent (or, in the case of a financial 
        institution, 200 percent) of each size standard applicable to 
        such concern.
            (6) Charitable organizations.--The Administrator may make 
        such a loan to any charitable organization as the Administrator 
        determines necessary or appropriate.
    (c) Termination.--The Administrator may not make a loan pursuant to 
the special rules of this section after the end of the 1-year period 
beginning on the date of the enactment of this Act.

SEC. 3. LOAN FORGIVENESS.

    (a) In General.--Upon application by a small business concern which 
is the recipient of a loan made under the Small Business Act (15 U.S.C. 
631 et seq.) and which has suffered a substantial economic injury as a 
result of the terrorist attacks against the United States that occurred 
on September 11, 2001, the Administrator may undertake all or part of 
the small business concern's obligation to make the required payments 
under such loan, or may forgive all or part of such obligation if the 
loan was a direct loan made by the Administrator, if, and to the extent 
that, the Administrator considers such undertaking or forgiveness to be 
necessary or appropriate.
    (b) Termination.--The Administrator may not forgive or undertake 
any loan under subsection (a) after the end of the 1-year period 
beginning on the date of the enactment of this Act.

SEC. 4. PROHIBITION ON SALE OF DISASTER LOANS.

    Section 4 of the Small Business Act (15 U.S.C. 633) is amended by 
adding at the end the following:
    ``(g) Prohibition on Sale of Disaster Loans.--The Administrator may 
not sell any portion of the Administration's interest in, or the rights 
of the Administration with respect to, any loan made directly or 
through immediate participation under section 7(b), including by direct 
sale, through the sale of loan participations, or by including such 
loans in a pool of assets for the purpose of selling asset-backed 
securities.''.

SEC. 5. DEFINITIONS.

    For purposes of this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Small Business Administration.
            (2) Charitable organization.--The term ``charitable 
        organization'' means an organization described in section 
        501(c)(3) of the Internal Revenue Code of 1986.
            (3) Credit elsewhere.--The term ``credit elsewhere'' has 
        the meaning given such term in section 3(h) of the Small 
        Business Act (15 U.S.C. 632(h)).
            (4) Small business concern.--The term ``small business 
        concern'' has the meaning given such term in section 3(a) of 
        the Small Business Act (15 U.S.C. 632(a)).
            (5) Substantial economic injury.--The term ``substantial 
        economic injury'' has the meaning given such term in section 
        7(b)(3)(A)(iii) of the Small Business Act (15 U.S.C. 
        636(b)(3)(A)(iii)).