[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2734 Reported in Senate (RS)]






                                                       Calendar No. 535
107th CONGRESS
  2d Session
                                S. 2734

                          [Report No. 107-230]

  To provide emergency assistance to non-farm small business concerns 
   that have suffered substantial economic harm from the devastating 
                          effects of drought.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 16, 2002

  Mr. Kerry (for himself, Mr. Hollings, Ms. Landrieu, Mr. Baucus, Mr. 
  Bingaman, Mr. Daschle, Mr. Johnson, Mr. Edwards, Mr. Cleland, Mrs. 
 Carnahan, Mr. Enzi, Mr. Lieberman, Mr. Harkin, Mr. Reid, Mr. Ensign, 
Mr. Bond, Mr. Helms, Mr. Allen, Mr. Bennett, Mr. Torricelli, Mr. Levin, 
 Mr. Crapo, and Mr. Thurmond) introduced the following bill; which was 
    read twice and referred to the Committee on Small Business and 
                            Entrepreneurship

                             July 31, 2002

 Reported by Mr. Kerry, with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
  To provide emergency assistance to non-farm small business concerns 
   that have suffered substantial economic harm from the devastating 
                          effects of drought.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. LOANS TO SMALL BUSINESS CONCERNS DAMAGED BY 
              DROUGHT.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Small 
Business Drought Relief Act''.</DELETED>
<DELETED>    (b) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) as of July 2002, more than 36 States 
        (including Massachusetts, South Carolina, and Louisiana) have 
        suffered from continuing drought conditions;</DELETED>
        <DELETED>    (2) droughts have a negative effect on State and 
        regional economies;</DELETED>
        <DELETED>    (3) many small businesses in the United States 
        sell, distribute, market, or otherwise engage in commerce 
        related to water and water sources, such as lakes and 
        streams;</DELETED>
        <DELETED>    (4) many small businesses in the United States 
        suffer economic injury from drought conditions, leading to 
        revenue losses, job layoffs, and bankruptcies;</DELETED>
        <DELETED>    (5) these small businesses need access to low-
        interest loans for business-related purposes, including paying 
        their bills and making payroll until business returns to 
        normal;</DELETED>
        <DELETED>    (6) absent a legislative change, only agriculture-
        related businesses are eligible for Federal disaster loan 
        assistance as a result of drought conditions; and</DELETED>
        <DELETED>    (7) it is necessary to amend the Small Business 
        Act to allow non-farm small businesses that have suffered 
        economic injury from drought to receive financial assistance 
        through Small Business Administration Economic Injury Disaster 
        Loans.</DELETED>
<DELETED>    (c) Expansion of Disaster Definition.--Section 3(k) of the 
Small Business Act (15 U.S.C. 632(k)) is amended by inserting 
``drought,'' after ``windstorms,''.</DELETED>

SECTION 1. LOANS TO SMALL BUSINESS CONCERNS DAMAGED BY DROUGHT.

    (a) Short Title.--This Act may be cited as the ``Small Business 
Drought Relief Act''.
    (b) Findings.--Congress finds that--
            (1) as of July 2002, more than 36 States (including 
        Massachusetts, South Carolina, and Louisiana) have suffered 
        from continuing drought conditions;
            (2) droughts have a negative effect on State and regional 
        economies;
            (3) many small businesses in the United States sell, 
        distribute, market, or otherwise engage in commerce related to 
        water and water sources, such as lakes, rivers, and streams;
            (4) many small businesses in the United States suffer 
        economic injury from drought conditions, leading to revenue 
        losses, job layoffs, and bankruptcies;
            (5) these small businesses need access to low-interest 
        loans for business-related purposes, including paying their 
        bills and making payroll until business returns to normal;
            (6) absent a legislative change, only agriculture and 
        agriculture-related businesses are eligible for Federal 
        disaster loan assistance as a result of drought conditions;
            (7) during the past several years small businesses that 
        rely on the Great Lakes have suffered economic injury as a 
        result of lower than average water levels, resulting from low 
        precipitation and increased evaporation; and
            (8) it is necessary to amend the Small Business Act to 
        clarify that nonfarm-related small businesses that have 
        suffered economic injury from drought are eligible to receive 
        financial assistance through Small Business Administration 
        Economic Injury Disaster Loans.
    (c) Drought Disaster Authority.--
            (1) Definition of disaster.--Section 3(k) of the Small 
        Business Act (15 U.S.C. 632(k)) is amended--
                    (A) by inserting ``(1)'' after ``(k)''; and
                    (B) by adding at the end the following:
    ``(2) For purposes of section 7(b)(2), the term `disaster' 
includes--
                    ``(A) drought; and
                    ``(B) below average water levels in the Great 
                Lakes.''.
            (2) Drought disaster relief authority.--Section 7(b)(2) of 
        the Small Business Act (15 U.S.C. 636(b)(2)) is amended--
                    (A) by inserting ``including drought, with respect 
                to both farm-related and nonfarm-related small business 
                concerns affected by drought,'' before ``if the 
                Administration''; and
                    (B) in subparagraph (B), by striking ``the 
                Consolidated Farmers Home Administration Act of 1961 (7 
                U.S.C. 1961)'' and inserting the following: ``section 
                321 of the Consolidated Farm and Rural Development Act 
                (7 U.S.C. 1961), in which case, assistance under this 
                paragraph may be provided to farm-related and nonfarm-
                related small business concerns, subject to the other 
                applicable requirements of this paragraph''.
    (d) Prompt Response to Disaster Requests.--Section 7(b)(2)(D) of 
the Small Business Act (15 U.S.C. 636(b)(2)(D)) is amended by striking 
``Upon receipt of such certification, the Administration may'' and 
inserting ``Not later than 30 days after the date of receipt of such 
certification by a Governor of a State, the Administration shall 
respond in writing to that Governor on its determination, and may 
then''.
    (e) Rulemaking.--Not later than 45 days after the date of enactment 
of this Act, the Administrator of the Small Business Administration 
shall promulgate final rules to carry out this Act and the amendments 
made by this Act.
            Amend the title so as to read: ``A bill to provide 
        emergency assistance to nonfarm-related small business concerns 
        that have suffered substantial economic harm from drought.''.




                                                       Calendar No. 535

107th CONGRESS

  2d Session

                                S. 2734

                          [Report No. 107-230]

_______________________________________________________________________

                                 A BILL

  To provide emergency assistance to non-farm small business concerns 
   that have suffered substantial economic harm from the devastating 
                          effects of drought.

_______________________________________________________________________

                             July 31, 2002

        Reported with an amendment and an amendment to the title