(1) a significant number of small businesses in
the United States, non-farm as well as agricultural
producers, use heating oil, natural gas, propane, ker-
osene, 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 other-
wise 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 busi-
nesses 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 econ-
omy 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, in-
cluding global or regional supply difficulties,
weather conditions, insufficient inventories, re-
finery 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.
(a) IN GENERAL.—Section 7(b) of the Small Busi-
ness 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 in-
crease’ 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 partici-
pate 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 re-
sult 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 para-
graph, 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 bor-
rower 
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) 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
‘‘(ii) if no declaration has been made pur-
suant 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 re-
ceipt of such certification, the Administration
may make such loans as would have been avail-
able under this paragraph if a disaster declara-
tion 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 subpara-
graph (B) to convert from the use of heating fuel or
electricity to a renewable or alternative energy
source, including agriculture and urban waste, geo-
thermal energy, solar energy, wind energy, and fuel
cells.’’.
(b) CONFORMING
AMENDMENTS
RELATING
TO
HEATING FUEL AND ELECTRICITY.—Section 3(k) of the
Small Business Act (15 U.S.C. 632(k)) is amended—
(1) by inserting ‘‘, sharp and significant in-
creases in the price of heating fuel or electricity,’’
after ‘‘civil disorders’’; and
(2) by inserting ‘‘other’’ before ‘‘economic’’.
SEC. 4. AGRICULTURAL PRODUCER EMERGENCY LOANS.
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 in-
serting ‘‘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 eco-
nomic injury as the result of a sharp and sig-
nificant increase in energy costs or input costs
from energy sources occurring on or after June
1, 2000 in connection with an energy emer-
gency declared by the President or the Sec-
retary’’;
(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 Sec-
retary’’; 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’’.
SEC. 5. GUIDELINES.
Not later than 30 days after the date of enactment
of this Act, the Administrator of the Small Business Ad-
ministration and the Secretary of Agriculture shall each
issue such guidelines as the Administrator and the Sec-
retary, 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 of the Senate and the
Committee on Small Business of the House of Representa-
tives, a report on the effectiveness of the program estab-
lished 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 con-
cerns 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 Agri-
culture of the guidelines issued under section 5, the Sec-
retary shall submit to the Committees on Small Business
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 effective-
ness of the program established under section 321(a) of
the Consolidated Farm and Rural Development Act, as
amended by this Act, together with recommendations for
improvements to the program, if any.
SEC. 7. EFFECTIVE DATE.
(a) SMALL BUSINESS.—The amendments made by
this Act shall apply during the 2-year period beginning
on the date of final publication of guidelines under section
5 by the Administrator, with respect to assistance under
section 7(b)(4) of the Small Business Act (15 U.S.C.
636(b)), as added by this Act, to economic injury suffered
or likely to be suffered as the result of—
(1) sharp and significant increases in the price
of heating fuel occurring on or after November 1,
2000; or
(2) sharp and significant increases in the price
of electricity occurring on or after June 1, 2000.
(b) AGRICULTURE.—The amendments made by this
Act shall apply during the 2-year period beginning on the
date of final publication of guidelines under section 5 by
the Secretary of Agriculture, 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
Act, to economic injury suffered or likely to be suffered
as the result of sharp and significant increases in energy
costs or input costs from energy sources occurring on or
after June 1, 2000.
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