APPENDIXES

APPENDIX A.-TEXT OF H.R. 1362 AS ORIGINALLY INTRODUCED

To amend the Small Business Act to provide special loan guarantees to small business concerns for the acquisition of motor fuel service stations, to require the divorcement of such stations from operation by certain producers and refiners of motor fuels, to control sales by producers and refiners of motor fuels, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 28, 1981

Mr. BEDELL (for himself, Mr. HALL of Ohio, Mrs. SNOWE, Mr. TAUKE, Mr. ATKINSON, Mr. AUCOIN, Mr. BAILEY of Pennsylvania, Mr. BARNES, Mr. CLAY, Mr. COELHO, Mr. CONTE, Mr. D'AMOURS, Mr. DELLUMS, Mr. EDGAR, Mr. ERDAHL, Mr. FAZIO, Mr. FLORIO, Mr. FORSYTHE, Mr. HANSEN of Idaho, Mr. HARKIN, Mr. HOLLENBECK, Mr. HOWARD, Mr. JOHNSTON, Mr. KASTENMEIER, Mr. KILDEE, Mr. KOGOVSEK, Mr. LOWRY of Washington, Mr. MILLER of California, Mr. MITCHELL of New York, Mr. MOAKLEY, Mr. MOLLOHAN, Mr. MURPHY, Mr. NOWAK, Mr. OBERSTAR, Mr. PEPPER, Mr. RAHALL, Mr. RICHMOND, Mr. Rose, Mr. SEIBERLING, Mr. ST GERMAIN, Mr. STARK, Mr. SWIFT, Mr. VENTO, Mr. WEISS, and Mr. WHITEHURST) introduced the following bill; which was referred jointly to the Committees on Small Business and Energy and Commerce

A BILL

To amend the Small Business Act to provide special loan guarantees to small business concerns for the acquisition of motor fuel service stations, to require the divorcement of such stations from operation by certain producers and refiners of motor fuels, to control sales by producers and refiners of motor fuels, and for other purposes.

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1 Be it enacted by the Senate and House of Representa

2 tives of the United States of America in Congress assembled,

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SHORT TITLE

SECTION 1. This Act may be cited as the "Small Busi

5 ness Motor Fuel Marketer Preservation Act of 1981".

6 FINANCIAL ASSISTANCE TO SMALL BUSINESS CONCERNS

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ACQUIRING MOTOR FUEL SERVICE STATIONS

SEC. 2. (a) Section 7(a) of the Small Business Act (15 9 U.S.C. 636(a)) is amended by inserting after the first sen10 tence the following new sentence: "Notwithstanding the pro11 viso in the preceding sentence, the Administration may par12 ticipate on a deferred basis in any loan under this section to 13 any dealer acquiring a motor fuel service station without 14 regard to whether such loan is primarily for the acquisition of 15 land.".

16 (b) Section 3 of the Small Business Act (15 U.S.C. 632) 17 is amended by adding at the end thereof the following: "The 18 terms 'motor fuel service station' and 'dealer' have the mean19 ings set forth in paragraphs (10) and (12)(B), respectively, of 20 section 3(f) of the Small Business Motor Fuel Marketer Pres21 ervation Act of 1981.".

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1 DIVORCEMENT OF MOTOR FUEL SERVICE STATIONS; LIMI

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TATION ON RETAIL SALES OF MOTOR FUEL BY RE

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FINERS

SEC. 3. (a)(1) Notwithstanding any other provision of

5 law, it shall be unlawful for any refiner, other than an inde6 pendent refiner or a small refiner, to operate any motor fuel 7 service station in the United States.

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(2)(A) Any interest in any motor fuel service station

9 may be disposed of by a refiner to any person other than the 10 dealer at such station only if such dealer is offered a right 11 of first refusal of an offer made by the refiner to sell such 12 interest.

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(B) For purposes of subparagraph (A), a dealer at a 14 motor fuel service station is considered to be offered a right 15 of first refusal of an offer made by the refiner to sell an inter16 est in the station only if

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(i) the refiner gives the dealer, in writing, an exclusive sixty-day option to accept an offer to sell such interest, and

(ii) in any case in which, during such sixty-day period, the dealer makes a counteroffer, in writing, to purchase such interest at a different price, the refiner, during the thirty-day period following the date of the counteroffer

(I) agrees, in writing, to the counteroffer, or

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(II) submits to the dealer, in writing, a re

vised offer to sell the interest to the dealer at a

price to be determined by an independent appraisal meeting the standards prescribed by the Small Business Administration pursuant to subparagraph

(C) and undertakes such an appraisal within such

time and in such manner as shall be prescribed by the Administration by regulation.

9 The cost of such appraisal shall be borne equally by the refin

10 er and the dealer.

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(C) The Small Business Administration shall prescribe 12 by regulation standards which must be met with respect to 13 an appraisal in order for such appraisal to be considered an 14 independent appraisal for purposes of this paragraph.

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(b)(1) Notwithstanding any other provision of law, it 16 shall be unlawful for any refiner to sell at motor fuel service 17 stations operated by that refiner in the United States during 18 any applicable calendar year, an amount of motor fuel great19 er than

(A) the amount of motor fuel sold by that refiner at motor fuel service stations in the United States

during calendar year 1978, plus

(B) the amount of motor fuel which is 50 per

centum of the excess of the amount of motor fuel man

ufactured by that refiner during that applicable calen