S. 2731

Small Business Administration Disaster Recovery and Reform Act of 2009

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Contents

II

111th CONGRESS

1st Session

S. 2731

IN THE SENATE OF THE UNITED STATES

November 5, 2009

Ms. Landrieu (for herself and Mr. Nelson of Florida) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship

A BILL

To improve disaster assistance provided by the Small Business Administration, and for other purposes.

1.

Short title

This Act may be cited as the Small Business Administration Disaster Recovery and Reform Act of 2009.

2.

Definitions

In this Act—

(1)

the terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively;

(2)

the term approved State Bridge Loan Program means a State Bridge Loan Program approved under section 203(b);

(3)

the term small business concern has the meaning given that term under section 3 of the Small Business Act; and

(4)

the term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any territory or possession of the United States.

3.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Definitions.

Sec. 3. Table of contents.

TITLE I—Gulf Coast recovery and assistance for homeowners impacted by drywall manufactured in the People’s Republic of China

Sec. 101. Report on the Gulf Coast Disaster Loan Refinancing Program.

Sec. 102. Extension of participation term for victims of Hurricane Katrina or Hurricane Rita.

Sec. 103. Assistance for homeowners impacted by drywall manufactured in the People’s Republic of China.

TITLE II—Improvements to Administration disaster assistance programs

Sec. 201. Improvements to the Pioneer Business Recovery Program.

Sec. 202. Increased limits.

Sec. 203. State bridge loan guarantee.

Sec. 204. Modified collateral requirements.

Sec. 205. Aquaculture business disaster assistance.

Sec. 206. Regional outreach on disaster assistance programs.

Sec. 207. Duplication of benefits.

Sec. 208. Administration coordination on economic injury disaster declarations.

Sec. 209. Coordination between Small Business Administration and Department of Agriculture disaster programs.

Sec. 210. Technical and conforming amendment.

I

Gulf Coast recovery and assistance for homeowners impacted by drywall manufactured in the People’s Republic of China

101.

Report on the Gulf Coast Disaster Loan Refinancing Program

Section 12086 of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 2184) is amended by adding at the end the following:

(g)

Report to Congress

(1)

In general

Not later than 30 days after the date of enactment of this subsection, 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 making recommendations regarding improvements to the program.

(2)

Contents

The report under paragraph (1) may include recommendations relating to—

(A)

modifying the end of the deferment date of Gulf Coast disaster loans;

(B)

reducing interest payments on Gulf Coast disaster loans, subject to the availability of appropriations;

(C)

extending the term of Gulf Coast disaster loans to 35 years; and

(D)

any other modification to the program determined appropriate by the Administrator.

.

102.

Extension of participation term for victims of Hurricane Katrina or Hurricane Rita

(a)

Retroactivity

If a small business concern, while participating in any program or activity under the authority of paragraph (10) of section 7(j) of the Small Business Act (15 U.S.C. 636(j)), was located in a parish or county described in subsection (b) of this section and was affected by Hurricane Katrina of 2005 or Hurricane Rita of 2005, the period during which that small business concern is permitted continuing participation and eligibility in that program or activity shall be extended for 24 months after the date such participation and eligibility would otherwise terminate.

(b)

Parishes and Counties covered

Subsection (a) applies to any parish in the State of Louisiana, or any county in the State of Mississippi or in the State of Alabama, that has been designated by the Administrator as a disaster area by reason of Hurricane Katrina of 2005 or Hurricane Rita of 2005 under disaster declaration 10176, 10177, 10178, 10179, 10180, 10181, 10205, or 10206.

(c)

Review and compliance

The Administrator shall ensure that the case of every small business concern participating before the date of enactment of this Act in a program or activity covered by subsection (a) is reviewed and brought into compliance with this section.

103.

Assistance for homeowners impacted by drywall manufactured in the People’s Republic of China

(a)

Definitions

In this section, the term defective drywall means drywall board that the Administrator determines—

(1)

was manufactured in the People’s Republic of China;

(2)

was imported into the United States during the period beginning on January 1, 2004, and ending on December 31, 2008; and

(3)

is directly responsible for substantial metal corrosion or other property damage in the dwelling in which the drywall is installed.

(b)

Disaster assistance for homeowners impacted by defective drywall

(1)

In general

The Administrator may, upon request by a Governor that has declared a disaster as a result of property loss or damage as a result of defective drywall, declare a disaster under section 7(b) of the Small Business Act (15 U.S.C. 636(b)) relating to the defective drywall.

(2)

Uses

Assistance under a disaster declared under paragraph (1) may be used only for the repair or replacement of defective drywall.

(3)

Limitation

Assistance under a disaster declared under paragraph (1) may not—

(A)

provide compensation for losses or damage compensated for by insurance or other sources; and

(B)

exceed more than 25 percent of the funds appropriated to the Administration for disaster assistance during any fiscal year.

II

Improvements to Administration disaster assistance programs

201.

Improvements to the Pioneer Business Recovery Program

(a)

In general

Section 12085 of the Food, Conservation, and Energy Act of 2008 (15 U.S.C. 636j) is amended—

(1)

in the section heading, by striking Expedited disaster assistance loan program and inserting Pioneer Business Recovery Program;

(2)

by striking expedited disaster assistance business loan program each place it appears and inserting Pioneer Business Recovery Program;

(3)

in subsection (b) by striking paragraph (9) and all that follows and inserting section 7(b) of the Small Business Act (15 U.S.C. 636(b)).; and

(4)

in subsection (d)(3)(A), by striking $150,000 and inserting $250,000.

(b)

Technical and conforming amendment

The table of contents in section 1(b) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 1651) is amended by striking the item relating to section 12085 and inserting the following:

Sec. 12085. Pioneer Business Recovery Program.

.

202.

Increased limits

Section 7 of the Small Business Act (15 U.S.C. 636) is amended—

(1)

in subsection (d)(6)—

(A)

by striking $100,000 and inserting $400,000; and

(B)

by striking $20,000 and inserting $80,000;

(2)

by striking (e) [RESERVED].; and

(3)

by striking (f) [RESERVED]..

203.

State bridge loan guarantee

(a)

Authorization

After issuing guidelines under subsection (c), the Administrator may guarantee loans made under an approved State Bridge Loan Program.

(b)

Approval

(1)

Application

A State desiring approval of a State Bridge Loan Program shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may require.

(2)

Criteria

The Administrator may approve an application submitted under paragraph (1) based on such criteria as the Administrator may establish under this section.

(c)

Guidelines

(1)

In general

Not later than 180 days after the date of enactment of this Act, the Administrator shall issue to the appropriate economic development officials in each State, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives, guidelines regarding approved State Bridge Loan Programs.

(2)

Contents

The guidelines issued under paragraph (1) shall—

(A)

identify appropriate uses of funds under an approved State Bridge loan Program;

(B)

set terms and conditions for loans under an approved State Bridge loan Program;

(C)

address whether—

(i)

an approved State Bridge Loan Program may charge administrative fees; and

(ii)

loans under an approved State Bridge Loan Program shall be disbursed through local banks and other financial institutions; and

(D)

establish the percentage of a loan the Administrator will guarantee under an approved State Bridge Loan Program.

204.

Modified collateral requirements

Section 7(d)(6) of the Small Business Act (15 U.S.C. 636(d)(6)) is amended by inserting after which are made under paragraph (1) of subsection (b) the following: : Provided further, That the Administrator shall not require collateral for a loan of not more than $200,000 under paragraph (1) or (2) of subsection (b) relating to damage to or destruction of property of, or economic injury to, a small business concern.

205.

Aquaculture business disaster assistance

Section 18(b)(1) of the Small Business Act (15 U.S.C. 647(b)(1)) is amended—

(1)

by striking aquaculture,; and

(2)

by inserting before the semicolon , and does not include aquaculture.

206.

Regional outreach on disaster assistance programs

(a)

Report

In accordance with sections 7(b)(4) and 40(a) of the Small Business Act (15 U.S.C. 636(b)(4) and 657l(a)) and not later than 60 days after the date of enactment of this Act, 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 detailing—

(1)

information on the disasters, manmade or natural, most likely to occur in each region of the Administration and likely scenarios for each disaster in each region;

(2)

information on plans of the Administration, if any, to conduct annual disaster outreach seminars, including events with resource partners of the Administration, in each region before periods of predictable disasters described in paragraph (1);

(3)

information on plans of the Administration for satisfying the requirements under section 40(a) of the Small Business Act not satisfied on the date of enactment of this Act; and

(4)

such additional information as determined necessary by the Administrator.

(b)

Availability of information

The Administrator shall—

(1)

post the disaster information provided under subsection (a) on the website of the Administration; and

(2)

make the information provided under subsection (a) available, upon request, at each regional and district office of the Administration.

207.

Duplication of benefits

(a)

Findings

Congress finds the following:

(1)

Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155) states the following:

(A)

The President, in consultation with the head of each Federal agency administering any program providing financial assistance to persons, business concerns, or other emergency, shall assure that no such person, business concern, or other entity will receive such assistance with respect to any part of such loss as to which he has received financial assistance under any other program or from insurance or any other source..

(B)

Receipt of partial benefits for a major disaster or emergency shall not preclude provision of additional Federal assistance for any part of a loss or need for which benefits have not been provided..

(C)

A recipient of Federal assistance will be liable to the United States to the extent that such assistance duplicates benefits available to the person for the same purpose from another source..

(2)

The Administrator should make every effort to ensure that disaster recovery needs unmet by Federal and private sources are not overlooked in determining duplication of benefits for disaster victims.

(b)

Revised duplication of benefits calculations

The Administrator may, after consultation with other relevant Federal agencies, determine whether benefits are duplicated after a person receiving assistance under section 7(b) of the Small Business Act (15 U.S.C. 636(b)) receives other Federal disaster assistance by a disaster victim.

208.

Administration coordination on economic injury disaster declarations

Not later than 180 days after the date of enactment of this Act, 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 providing—

(1)

information on economic injury disaster declarations under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) made by the Administrator during the 10-year period ending on the date of enactment of this Act based on a natural disaster declaration by the Secretary of Agriculture;

(2)

information on economic injury disaster declarations under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) made by the Administrator during the 10-year period ending on the date of enactment of this Act based on a fishery resource disaster declaration from the Secretary of Commerce;

(3)

information on whether the disaster response plan of the Administration under section 40 of the Small Business Act (15 U.S.C. 657l) adequately addresses coordination with the Secretary of Agriculture and the Secretary of Commerce on economic injury disaster assistance under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2));

(4)

recommended legislative changes, if any, for improving agency coordination on economic injury disaster declarations under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)); and

(5)

such additional information as determined necessary by the Administrator.

209.

Coordination between Small Business Administration and Department of Agriculture disaster programs

(a)

Definitions

In this section—

(1)

the term agricultural small business concern means a small business concern that is an agricultural enterprise, as defined in section 18(b)(1) of the Small Business Act (15 U.S.C. 647(b)(1)), as amended by this Act; and

(2)

the term rural small business concern means a small business concern located in a rural area, as that term is defined in section 1393(a)(2) of the Internal Revenue Code of 1986.

(b)

Report

Not later than 120 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Agriculture, 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 detailing—

(1)

information on disaster assistance programs of the Administration for rural small business concerns and agricultural small business concerns;

(2)

information on industries or small business concerns excluded from programs described in paragraph (1);

(3)

information on disaster assistance programs of the Department of Agriculture to rural small business concerns and agricultural small business concerns;

(4)

information on industries or small business concerns excluded from programs described in paragraph (3);

(5)

information on disaster assistance programs of the Administration that are duplicative of disaster assistance programs of the Department of Agriculture;

(6)

information on coordination between the two agencies on implementation of disaster assistance provisions of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246; 122 Stat. 1651), and the amendments made by that Act;

(7)

recommended legislative or administrative changes, if any, for improving coordination of disaster assistance programs, in particular relating to removing gaps in eligibility for disaster assistance programs by rural small business concerns and agricultural small business concerns; and

(8)

such additional information as determined necessary by the Administrator.

210.

Technical and conforming amendment

Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended in the matter following paragraph (9), by striking section 312(a) of the Disaster Relief and Emergency Assistance Act and inserting section 312(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155(a)).