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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1470 Reported in Senate (RS)]

                                                       Calendar No. 113
114th CONGRESS
  1st Session
                                S. 1470

  To amend the Small Business Act to provide additional assistance to 
 small business concerns for disaster recovery, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 31, 2015

  Mr. Vitter introduced the following bill; which was read twice and 
    referred to the Committee on Small Business and Entrepreneurship

                             June 10, 2015

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

_______________________________________________________________________

                                 A BILL

 
  To amend the Small Business Act to provide additional assistance to 
 small business concerns for disaster recovery, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Recovery 
Improvements for Small Entities After Disaster Act of 2015'' or the 
``RISE After Disaster Act of 2015''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
     <DELETED>TITLE I--IMPROVEMENTS OF DISASTER RESPONSE AND LOANS

<DELETED>Sec. 101. Use of data sharing.
<DELETED>Sec. 102. Additional awards to small business development 
                            centers, women's business centers, SCORE, 
                            and FAST recipients for disaster recovery.
<DELETED>Sec. 103. Collateral requirements for disaster loans.
<DELETED>Sec. 104. Assistance to out-of-State business concerns to aid 
                            in disaster recovery.
<DELETED>Sec. 105. Fast-track SBIC applications.
<DELETED>Sec. 106. FAST priorities.
<DELETED>Sec. 107. Use of Federal surplus property in disaster areas.
<DELETED>Sec. 108. Recovery opportunity loans.
<DELETED>Sec. 109. Contractor malfeasance.
<DELETED>Sec. 110. Local contracting preferences and incentives.
          <DELETED>TITLE II--DISASTER PLANNING AND MITIGATION

<DELETED>Sec. 201. Use of physical damage disaster loans.
<DELETED>Sec. 202. Business recovery centers.
                  <DELETED>TITLE III--OTHER PROVISIONS

<DELETED>Sec. 301. Increased oversight of economic injury disaster 
                            loans.
<DELETED>Sec. 302. Reduction of paperwork burden.
<DELETED>Sec. 303. Report on web portal for disaster loan applicants.
<DELETED>Sec. 304. Local disaster contracting fairness.

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act--</DELETED>
        <DELETED>    (1) the term ``7(b) loan program'' means 
        assistance provided by the Administration under section 7(b) of 
        the Small Business Act (15 U.S.C. 636(b));</DELETED>
        <DELETED>    (2) the terms ``Administration'' and 
        ``Administrator'' mean the Small Business Administration and 
        the Administrator thereof, respectively;</DELETED>
        <DELETED>    (3) the term ``covered supplemental 
        appropriations'' means amounts made available to the 
        Administration through supplemental appropriations for--
        </DELETED>
                <DELETED>    (A) the cost of direct loans authorized 
                under section 7(b) of the Small Business Act (15 U.S.C. 
                636(b)) for necessary expenses related to the 
                consequences of a major disaster declared by the 
                President under section 401 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5170); and</DELETED>
                <DELETED>    (B) the direct administrative expenses of 
                making and servicing those loans;</DELETED>
        <DELETED>    (4) the term ``major disaster'' means a major 
        disaster declared by the President under section 401 of the 
        Robert T. Stafford Disaster Relief and Emergency Assistance Act 
        (42 U.S.C. 5170); and</DELETED>
        <DELETED>    (5) the term ``small business concern'' has the 
        meaning given that term under section 3 of the Small Business 
        Act (15 U.S.C. 632).</DELETED>

<DELETED>TITLE I--IMPROVEMENTS OF DISASTER RESPONSE AND LOANS</DELETED>

<DELETED>SEC. 101. USE OF DATA SHARING.</DELETED>

<DELETED>    Section 312 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5155) is amended by adding at the 
end the following:</DELETED>
<DELETED>    ``(e) Use of Data Sharing.--</DELETED>
        <DELETED>    ``(1) Definition.--In this subsection, the term 
        `agency' has the meaning given the term in section 552a of 
        title 5, United States Code.</DELETED>
        <DELETED>    ``(2) Exemption from certain matching program 
        requirements.--Any action taken by an agency to prevent, 
        investigate, or recover duplicative Federal assistance under 
        this section shall not be subject to subsections (e)(12), (o), 
        (q), (r), and (u) of section 552a of title 5, United States 
        Code.</DELETED>
        <DELETED>    ``(3) Fraudulent acquisition of assistance.--An 
        investigation conducted by an agency relating to the fraudulent 
        acquisition of duplicative Federal assistance under this 
        section shall not be subject to section 552a(p) of title 5, 
        United States Code.''.</DELETED>

<DELETED>SEC. 102. ADDITIONAL AWARDS TO SMALL BUSINESS DEVELOPMENT 
              CENTERS, WOMEN'S BUSINESS CENTERS, SCORE, AND FAST 
              RECIPIENTS FOR DISASTER RECOVERY.</DELETED>

<DELETED>    Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) 
is amended by inserting before the undesignated matter following 
paragraph (9) the following:</DELETED>
        <DELETED>    ``(10) Additional awards to small business 
        development centers, women's business centers, score, and fast 
        recipients for disaster recovery.--</DELETED>
                <DELETED>    ``(A) In general.--The Administration may 
                provide financial assistance to a small business 
                development center, a women's business center described 
                in section 29, the Service Corps of Retired Executives, 
                a entity, organization, or individual that receives an 
                award or has in effect a cooperative agreement under 
                section 34, or any proposed consortium of such 
                individuals or entities to spur disaster recovery and 
                growth of small business concerns located in an area 
                for which the President has declared a major 
                disaster.</DELETED>
                <DELETED>    ``(B) Form of financial assistance.--
                Financial assistance provided under this paragraph 
                shall be in the form of a grant, contract, or 
                cooperative agreement.</DELETED>
                <DELETED>    ``(C) No matching funds required.--
                Matching funds shall not be required for any grant, 
                contract, or cooperative agreement under this 
                paragraph.</DELETED>
                <DELETED>    ``(D) Requirements.--A recipient of 
                financial assistance under this paragraph shall provide 
                counseling, training, and other related services, such 
                as promoting long-term resiliency, to small business 
                concerns and entrepreneurs impacted by a major 
                disaster.</DELETED>
                <DELETED>    ``(E) Performance.--</DELETED>
                        <DELETED>    ``(i) In general.--The 
                        Administrator, in cooperation with the 
                        recipients of financial assistance under this 
                        paragraph, shall establish metrics and goals 
                        for performance of grants, contracts, and 
                        cooperative agreements under this paragraph, 
                        which shall include recovery of sales, recovery 
                        of employment, reestablishment of business 
                        premises, and establishment of new small 
                        business concerns.</DELETED>
                        <DELETED>    ``(ii) Use of estimates.--The 
                        Administrator shall base the goals and metrics 
                        for performance established under clause (i), 
                        in part, on the estimates of disaster impact 
                        prepared by the Office of Disaster Assistance 
                        for purposes of estimating loan-making 
                        requirements.</DELETED>
                <DELETED>    ``(F) Term.--</DELETED>
                        <DELETED>    ``(i) In general.--The term of any 
                        grant, contract, or cooperative agreement under 
                        this paragraph shall be for not more than 2 
                        years.</DELETED>
                        <DELETED>    ``(ii) Extension.--The 
                        Administrator may make 1 extension of a grant, 
                        contract, or cooperative agreement under this 
                        paragraph for a period of not more than 1 year, 
                        upon a showing of good cause and need for the 
                        extension.</DELETED>
                <DELETED>    ``(G) Exemption from other program 
                requirements.--Financial assistance provided under this 
                paragraph is in addition to, and wholly separate from, 
                any other form of assistance provided by the 
                Administrator under this Act.</DELETED>
                <DELETED>    ``(H) Competitive basis.--The 
                Administration shall award financial assistance under 
                this paragraph on a competitive basis.''.</DELETED>

<DELETED>SEC. 103. COLLATERAL REQUIREMENTS FOR DISASTER 
              LOANS.</DELETED>

<DELETED>    (a) In General.--Section 7(d)(6) of the Small Business Act 
(15 U.S.C. 636(d)(6)) is amended in the third proviso--</DELETED>
        <DELETED>    (1) by striking ``$14,000'' and inserting 
        ``$25,000''; and</DELETED>
        <DELETED>    (2) by striking ``major disaster'' and inserting 
        ``disaster''.</DELETED>
<DELETED>    (b) Sunset.--Effective on the date that is 3 years after 
the date of enactment of this Act, section 7(d)(6) of the Small 
Business Act (15 U.S.C. 636(d)(6)) is amended in the third proviso--
</DELETED>
        <DELETED>    (1) by striking ``$25,000'' and inserting 
        ``$14,000''; and</DELETED>
        <DELETED>    (2) by inserting ``major'' before 
        ``disaster''.</DELETED>
<DELETED>    (c) Report.--Not later than 180 days before the date on 
which the amendments made by subsection (b) are to take effect, the 
Administrator shall submit to Committee on Small Business and 
Entrepreneurship of the Senate and the Committee on Small Business of 
the House of Representatives a report on the effects of the amendments 
made by subsection (a), which shall include--</DELETED>
        <DELETED>    (1) an assessment of the impact and benefits 
        resulting from the amendments; and</DELETED>
        <DELETED>    (2) a recommendation as to whether the amendments 
        should be made permanent.</DELETED>

<DELETED>SEC. 104. ASSISTANCE TO OUT-OF-STATE BUSINESS CONCERNS TO AID 
              IN DISASTER RECOVERY.</DELETED>

<DELETED>    (a) In General.--Section 21(b)(3) of the Small Business 
Act (15 U.S.C. 648(b)(3)) is amended--</DELETED>
        <DELETED>    (1) by striking ``(3) At the discretion'' and 
        inserting the following:</DELETED>
        <DELETED>    ``(3) Assistance to out-of-state small business 
        concerns.--</DELETED>
                <DELETED>    ``(A) In general.--At the discretion''; 
                and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
                <DELETED>    ``(B) Disaster recovery assistance.--
                </DELETED>
                        <DELETED>    ``(i) In general.--At the 
                        discretion of the Administrator, the 
                        Administrator may authorize a small business 
                        development center to provide advice, 
                        information, and assistance, as described in 
                        subsection (c), to a small business concern 
                        located outside of the State, without regard to 
                        geographic proximity to the small business 
                        development center, if the small business 
                        concern is located in an area for which the 
                        President has declared a major 
                        disaster.</DELETED>
                        <DELETED>    ``(ii) Term.--</DELETED>
                                <DELETED>    ``(I) In general.--A small 
                                business development center may provide 
                                advice, information, and assistance to 
                                a small business concern under clause 
                                (i) for a period of not more than 2 
                                years after the date on which the 
                                President declared a major disaster for 
                                the area in which the small business 
                                concern is located.</DELETED>
                                <DELETED>    ``(II) Extension.--The 
                                Administrator may, at the discretion of 
                                the Administrator, extend the period 
                                described in subclause (I).</DELETED>
                        <DELETED>    ``(iii) Continuity of services.--A 
                        small business development center that provides 
                        counselors to an area described in clause (i) 
                        shall, to the maximum extent practicable, 
                        ensure continuity of services in any State in 
                        which the small business development center 
                        otherwise provides services.</DELETED>
                        <DELETED>    ``(iv) Access to disaster recovery 
                        facilities.--For purposes of this subparagraph, 
                        the Administrator shall, to the maximum extent 
                        practicable, permit the personnel of a small 
                        business development center to use any site or 
                        facility designated by the Administrator for 
                        use to provide disaster recovery 
                        assistance.''.</DELETED>
<DELETED>    (b) Sense of Congress.--It is the sense of Congress that, 
subject to the availability of funds, the Administrator should, to the 
extent practicable, ensure that a small business development center is 
appropriately reimbursed for any legitimate expenses incurred in 
carrying out activities under section 21(b)(3)(B) of the Small Business 
Act, as added by subsection (a).</DELETED>

<DELETED>SEC. 105. FAST-TRACK SBIC APPLICATIONS.</DELETED>

<DELETED>    Section 301(c)(2) of the Small Business Investment Act of 
1958 (15 U.S.C. 681(c)(2)) is amended by adding at the end the 
following:</DELETED>
                <DELETED>    ``(C) Priority for applicants located in 
                disaster areas.--</DELETED>
                        <DELETED>    ``(i) Definition.--In this 
                        subparagraph, the term `disaster area' means 
                        the area for which the President has declared a 
                        major disaster (as defined in section 102 of 
                        the Robert T. Stafford Disaster Relief and 
                        Emergency Assistance Act (42 U.S.C. 5122)), 
                        during the period of the declaration.</DELETED>
                        <DELETED>    ``(ii) Priority.--The 
                        Administrator shall give priority to an 
                        application for a license to operate as a small 
                        business investment company that is from an 
                        applicant located in a disaster 
                        area.''.</DELETED>

<DELETED>SEC. 106. FAST PRIORITIES.</DELETED>

<DELETED>    (a) Definitions.--Section 34(a) of the Small Business Act 
(15 U.S.C. 657d(a)) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (3) through (9) as 
        (4) through (10), respectively; and</DELETED>
        <DELETED>    (2) by inserting after paragraph (2) the 
        following:</DELETED>
        <DELETED>    ``(3) Catastrophic disaster.--The term 
        `catastrophic disaster' means a catastrophic disaster, as 
        determined by the Administrator.''.</DELETED>
<DELETED>    (b) Priority.--Section 34(c)(2) of the Small Business Act 
(15 U.S.C. 657d(c)(2)) is amended--</DELETED>
        <DELETED>    (1) in subparagraph (A), by striking ``and'' at 
        the end;</DELETED>
        <DELETED>    (2) in subparagraph (B)(vi)(III), by striking the 
        period at the end and inserting ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
                <DELETED>    ``(C) shall give special consideration to 
                an applicant that is located in an area affected by a 
                catastrophic disaster.''.</DELETED>
<DELETED>    (c) Additional Assistance.--Section 34(c) of the Small 
Business Act (15 U.S.C. 657d(c)) is amended by adding at the end the 
following:</DELETED>
        <DELETED>    ``(5) Additional assistance for catastrophic 
        disasters.--Upon application by an applicant that receives an 
        award or has in effect a cooperative agreement under this 
        section and that is located in an area affected by a 
        catastrophic disaster, the Administrator may provide additional 
        assistance to the applicant.''.</DELETED>

<DELETED>SEC. 107. USE OF FEDERAL SURPLUS PROPERTY IN DISASTER 
              AREAS.</DELETED>

<DELETED>    Section 7(j)(13)(F) of the Small Business Act (15 U.S.C. 
636(j)(13)(F)) is amended--</DELETED>
        <DELETED>    (1) by inserting ``(i)'' after ``(F)''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
                        <DELETED>    ``(ii)(I) In this clause--
                        </DELETED>
                                <DELETED>    ``(aa) the term `covered 
                                period' means the 2-year period 
                                beginning on the date on which the 
                                President declared the applicable major 
                                disaster; and</DELETED>
                                <DELETED>    ``(bb) the term `disaster 
                                area' means the area for which the 
                                President has declared a major 
                                disaster, during the covered 
                                period.</DELETED>
                        <DELETED>    ``(II) The Administrator may 
                        transfer technology or surplus property under 
                        clause (i) on a priority basis to a small 
                        business concern located in a disaster area 
                        if--</DELETED>
                                <DELETED>    ``(aa) the small business 
                                concern meets the requirements for such 
                                a transfer, without regard to whether 
                                the small business concern is a Program 
                                Participant; and</DELETED>
                                <DELETED>    ``(bb) for a small 
                                business concern that is a Program 
                                Participant, on and after the date on 
                                which the President declared the 
                                applicable major disaster, the small 
                                business concern has not received 
                                property under this subparagraph on the 
                                basis of the status of the small 
                                business concern as a Program 
                                Participant.</DELETED>
                        <DELETED>    ``(III) For any transfer of 
                        property under this clause to a small business 
                        concern, the terms and conditions shall be the 
                        same as a transfer to a Program Participant, 
                        except that the small business concern shall 
                        agree not to sell or transfer the property to 
                        any party other than the Federal Government 
                        during the covered period.</DELETED>
                        <DELETED>    ``(IV) A small business concern 
                        that receives a transfer of property under this 
                        clause may not receive a transfer of property 
                        under clause (i) during the covered 
                        period.</DELETED>
                        <DELETED>    ``(V) If a small business concern 
                        sells or transfers property in violation of the 
                        agreement described in subclause (III), the 
                        Administrator may initiate proceedings to 
                        prohibit the small business concern from 
                        receiving a transfer of property under this 
                        clause or clause (i), in addition to any other 
                        remedy available to the 
                        Administrator.''.</DELETED>

<DELETED>SEC. 108. RECOVERY OPPORTUNITY LOANS.</DELETED>

<DELETED>    Section 7(a)(31) of the Small Business Act (15 U.S.C. 
636(a)(31)) is amended--</DELETED>
        <DELETED>    (1) in subparagraph (A)--</DELETED>
                <DELETED>    (A) by redesignating clauses (i), (ii), 
                and (iii) as clauses (ii), (iii), and (iv), 
                respectively; and</DELETED>
                <DELETED>    (B) by inserting before clause (ii), as so 
                redesignated, the following:</DELETED>
                        <DELETED>    ``(i) The term `disaster area' 
                        means the area for which the President has 
                        declared a major disaster, during the 5-year 
                        period beginning on the date of the 
                        declaration.'';</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
                <DELETED>    ``(G) Recovery opportunity loans.--
                </DELETED>
                        <DELETED>    ``(i) In general.--The 
                        Administrator may guarantee an express loan to 
                        a small business concern located in a disaster 
                        area in accordance with this 
                        subparagraph.</DELETED>
                        <DELETED>    ``(ii) Maximums.--For a loan 
                        guaranteed under clause (i)--</DELETED>
                                <DELETED>    ``(I) the maximum loan 
                                amount is $150,000; and</DELETED>
                                <DELETED>    ``(II) the guarantee rate 
                                shall be not more than 85 
                                percent.</DELETED>
                        <DELETED>    ``(iii) Overall cap.--A loan 
                        guaranteed under clause (i) shall not be 
                        counted in determining the amount of loans made 
                        to a borrower for purposes of subparagraph 
                        (D).</DELETED>
                        <DELETED>    ``(iv) Existing debt.--A loan 
                        guaranteed under clause (i) may be used to 
                        refinance existing debt arising from the 
                        applicable major disaster, subject to section 
                        120.201 of title 13, Code of Federal 
                        Regulations, or any successor 
                        thereto.</DELETED>
                        <DELETED>    ``(v) Operations.--A small 
                        business concern receiving a loan guaranteed 
                        under clause (i) shall certify that the small 
                        business concern was in operation on the date 
                        on which the applicable major disaster occurred 
                        as a condition of receiving the loan.</DELETED>
                        <DELETED>    ``(vi) Repayment ability.--A loan 
                        guaranteed under clause (i) may only be made to 
                        a small business concern that demonstrates, to 
                        the satisfaction of the Administrator, 
                        sufficient capacity to repay the 
                        loan.</DELETED>
                        <DELETED>    ``(vii) Timing of payment of 
                        guarantees.--</DELETED>
                                <DELETED>    ``(I) In general.--Not 
                                later than 90 days after the date on 
                                which the Administrator receives notice 
                                of a default on a loan guaranteed under 
                                clause (i), the Administrator shall 
                                determine whether to pay the guaranteed 
                                portion of the loan.</DELETED>
                                <DELETED>    ``(II) Recapture.--Unless 
                                there is a fraud relating to a loan 
                                guaranteed under clause (i), on and 
                                after the date that is 6 months after 
                                the date on which the Administrator 
                                determines to pay the guaranteed 
                                portion of the loan, the Administrator 
                                may not attempt to recapture the paid 
                                guarantee.''.</DELETED>

<DELETED>SEC. 109. CONTRACTOR MALFEASANCE.</DELETED>

<DELETED>    Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) 
is amended by inserting before the undesignated matter following 
paragraph (10), as added by section 102 of this Act, the 
following:</DELETED>
        <DELETED>    ``(11) Supplemental assistance for contractor 
        malfeasance.--</DELETED>
                <DELETED>    ``(A) In general.--If a contractor or 
                other person engages in malfeasance in connection with 
                repairs to, rehabilitation of, or replacement of real 
                or personal property relating to which a loan was made 
                under this subsection and the malfeasance results in 
                substantial economic damage to the recipient of the 
                loan or substantial risks to health or safety, upon 
                receiving documentation of the substantial economic 
                damage or the substantial risk to health and safety 
                from an independent loss verifier, and subject to 
                subparagraph (B), the Administrator may increase the 
                amount of the loan under this subsection, as necessary 
                for the cost of repairs, rehabilitation, or replacement 
                needed to address the cause of the economic damage or 
                health or safety risk.</DELETED>
                <DELETED>    ``(B) Requirements.--The Administrator may 
                only increase the amount of a loan under subparagraph 
                (A) upon receiving an appropriate certification from 
                the borrower and person performing the mitigation 
                attesting to the reasonableness of the mitigation costs 
                and an assignment of any proceeds received from the 
                person engaging in the malfeasance. The assignment of 
                proceeds recovered from the person engaging in the 
                malfeasance shall be equal to the amount of the loan 
                under this section. Any mitigation activities shall be 
                subject to audit and independent verification of 
                completeness and cost reasonableness.''.</DELETED>

<DELETED>SEC. 110. LOCAL CONTRACTING PREFERENCES AND 
              INCENTIVES.</DELETED>

<DELETED>    Section 15 of the Small Business Act (15 U.S.C. 644) is 
amended by inserting after subsection (e) the following:</DELETED>
<DELETED>    ``(f) Contracting Preference for Small Business Concerns 
in a Major Disaster Area.--</DELETED>
        <DELETED>    ``(1) Definition.--In this subsection, the term 
        `disaster area' means the area for which the President has 
        declared a major disaster, during the period of the 
        declaration.</DELETED>
        <DELETED>    ``(2) Contracting preference.--An agency shall 
        provide a contracting preference for a small business concern 
        located in a disaster area if the small business concern will 
        perform the work required under the contract in the disaster 
        area.</DELETED>
        <DELETED>    ``(3) Credit for meeting contracting goals.--If an 
        agency awards a contract to a small business concern under the 
        circumstances described in paragraph (2), the value of the 
        contract shall be doubled for purposes of determining 
        compliance with the goals for procurement contracts under 
        subsection (g)(1)(A).''.</DELETED>

     <DELETED>TITLE II--DISASTER PLANNING AND MITIGATION</DELETED>

<DELETED>SEC. 201. USE OF PHYSICAL DAMAGE DISASTER LOANS.</DELETED>

<DELETED>    Section 7(b)(1)(A) of the Small Business Act (15 U.S.C. 
636(b)(1)(A)) is amended in the second proviso--</DELETED>
        <DELETED>    (1) by striking ``the Administration may 
        increase'' and inserting ``the Administration may, subject to 
        section 18(a), increase''; and</DELETED>
        <DELETED>    (2) by striking ``and modifying structures'' and 
        inserting ``, and modifying structures (including construction 
        of a safe room or similar storm shelter designed to protect 
        property and occupants from tornadoes or other natural 
        disasters)''.</DELETED>

<DELETED>SEC. 202. BUSINESS RECOVERY CENTERS.</DELETED>

<DELETED>    Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) 
is amended by inserting before the undesignated matter following 
paragraph (11), as added by section 109 of this Act, the 
following:</DELETED>
        <DELETED>    ``(12) Business recovery centers.--</DELETED>
                <DELETED>    ``(A) In general.--The Administrator, 
                acting through the district offices of the 
                Administration, shall identify locations that may be 
                used as recovery centers by the Administration in the 
                event of a disaster declared under this subsection or a 
                major disaster.</DELETED>
                <DELETED>    ``(B) Requirements for identification.--
                Each district office of the Administration shall--
                </DELETED>
                        <DELETED>    ``(i) identify a location 
                        described in subparagraph (A) in each county, 
                        parish, or similar unit of general local 
                        government in the area served by the district 
                        office; and</DELETED>
                        <DELETED>    ``(ii) ensure that the locations 
                        identified under subparagraph (A) may be used 
                        as a recovery center without cost to the 
                        Government, to the extent 
                        practicable.''.</DELETED>

             <DELETED>TITLE III--OTHER PROVISIONS</DELETED>

<DELETED>SEC. 301. INCREASED OVERSIGHT OF ECONOMIC INJURY DISASTER 
              LOANS.</DELETED>

<DELETED>    (a) In General.--Section 7(b) of the Small Business Act 
(15 U.S.C. 636(b)) is amended by inserting before the undesignated 
matter following paragraph (12), as added by section 202 of this Act, 
the following:</DELETED>
        <DELETED>    ``(13) Increased oversight of economic injury 
        disaster loans.--The Administrator shall increase oversight of 
        entities receiving loans under paragraph (2), including 
        through--</DELETED>
                <DELETED>    ``(A) scheduled site visits to ensure 
                borrower eligibility and compliance with requirements 
                established by the Administrator; and</DELETED>
                <DELETED>    ``(B) reviews of the use of the loan 
                proceeds by an entity described in paragraph (2) to 
                ensure compliance with requirements established by the 
                Administrator.''.</DELETED>
<DELETED>    (b) Sense of Congress Relating to Using Existing Funds.--
It is the sense of Congress that no additional Federal funds should be 
made available to carry out the amendments made by this 
section.</DELETED>

<DELETED>SEC. 302. REDUCTION OF PAPERWORK BURDEN.</DELETED>

<DELETED>    (a) Sense of Congress.--It is the sense of Congress that 
the Administrator should--</DELETED>
        <DELETED>    (1) reduce paperwork burdens pursuant to section 
        3501 of title 44, United States Code, on small business 
        concerns applying for disaster assistance under section 7(b) of 
        the Small Business Act (15 U.S.C. 636(b)); and</DELETED>
        <DELETED>    (2) ensure that the application for disaster 
        assistance under section 7(b) of the Small Business Act (15 
        U.S.C. 636(b)) facilitates deterring and detecting potential 
        incidents of waste, fraud, and abuse.</DELETED>
<DELETED>    (b) Reduction.--Section 7(b) of the Small Business Act (15 
U.S.C. 636(b)) is amended by inserting before the undesignated matter 
following paragraph (13), as added by section 301 of this Act, the 
following:</DELETED>
        <DELETED>    ``(14) Paperwork reduction.--The Administrator 
        shall take steps to reduce, to the maximum extent practicable, 
        the paperwork associated with the application for a loan under 
        this subsection.''.</DELETED>

<DELETED>SEC. 303. REPORT ON WEB PORTAL FOR DISASTER LOAN 
              APPLICANTS.</DELETED>

<DELETED>    Section 38 of the Small Business Act (15 U.S.C. 657j) is 
amended by adding at the end the following:</DELETED>
<DELETED>    ``(c) Report on Web Portal for Disaster Loan Application 
Status.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 90 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 relating to 
        the creation of a web portal to the track the status of 
        applications for disaster assistance under section 
        7(b).</DELETED>
        <DELETED>    ``(2) Contents.--The report under paragraph (1) 
        shall include--</DELETED>
                <DELETED>    ``(A) information on the progress of the 
                Administration in implementing the information system 
                under subsection (a);</DELETED>
                <DELETED>    ``(B) recommendations from the 
                Administration relating to the creation of a web portal 
                for applicants to check the status of an application 
                for disaster assistance under section 7(b), including a 
                review of best practices and web portal models from the 
                private sector;</DELETED>
                <DELETED>    ``(C) information on any related costs or 
                staffing needed to implement such a web 
                portal;</DELETED>
                <DELETED>    ``(D) information on whether such a web 
                portal can maintain high standards for data privacy and 
                data security;</DELETED>
                <DELETED>    ``(E) information on whether such a web 
                portal will minimize redundancy among Administration 
                disaster programs, improve management of the number of 
                inquiries made by disaster applicants to employees 
                located in the area affected by the disaster and to 
                call centers, and reduce paperwork burdens on disaster 
                victims; and</DELETED>
                <DELETED>    ``(F) such additional information as is 
                determined necessary by the Administrator.''.</DELETED>

<DELETED>SEC. 304. LOCAL DISASTER CONTRACTING FAIRNESS.</DELETED>

<DELETED>    (a) Definitions.--In this section--</DELETED>
        <DELETED>    (1) the term ``executive agency'' has the meaning 
        given that term in section 133 of title 41, United States 
        Code;</DELETED>
        <DELETED>    (2) the term ``local subcontractor'' means, with 
        respect to a contract, a subcontractor who has a principal 
        place of business or regularly conducts operations in the area 
        in which work is to be performed under the contract by the 
        subcontractor; and</DELETED>
        <DELETED>    (3) the term ``natural disaster reconstruction 
        efforts'' means reconstruction efforts undertaken in an area 
        for which the President has declared a major disaster under 
        section 401 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5170).</DELETED>
<DELETED>    (b) Federal Contracting Requirements.--</DELETED>
        <DELETED>    (1) In general.--The head of an executive agency 
        may not enter into an agreement for debris removal or 
        demolition services in connection with natural disaster 
        reconstruction efforts unless the agreement specifies that--
        </DELETED>
                <DELETED>    (A) all of the work under the contract 
                will be performed by the prime contractor or 1 or more 
                subcontractors at 1 tier under the contract;</DELETED>
                <DELETED>    (B) any work performed under the contract 
                by subcontractors will be performed by local 
                subcontractors, except to the extent that local 
                subcontractors are not available to perform such 
                work;</DELETED>
                <DELETED>    (C) the prime contractor will act as the 
                project manager or construction manager for the 
                contract; and</DELETED>
                <DELETED>    (D) the prime contractor--</DELETED>
                        <DELETED>    (i) has primary responsibility for 
                        managing all work under the contract; 
                        and</DELETED>
                        <DELETED>    (ii) will be paid a certain 
                        percentage of the overall value of the contract 
                        as sole compensation for assuming the risk 
                        associated with such responsibility.</DELETED>
        <DELETED>    (2) Preference for subcontractors affected by 
        natural disasters.--In entering into an agreement for debris 
        removal or demolition services in connection with natural 
        disaster reconstruction efforts, the head of an executive 
        agency shall give a preference in the source selection process 
        to each offeror who certifies that any work that is to be 
        performed under the contract by subcontractors will be 
        performed by local subcontractors.</DELETED>
<DELETED>    (c) Applicability.--The requirements under subsection (b) 
shall apply to agreements entered into on or after the date of 
enactment of this Act.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Recovery 
Improvements for Small Entities After Disaster Act of 2015'' or the 
``RISE After Disaster Act of 2015''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

          TITLE I--IMPROVEMENTS OF DISASTER RESPONSE AND LOANS

Sec. 101. Use of data sharing.
Sec. 102. Additional awards to small business development centers, 
                            women's business centers, SCORE, and FAST 
                            recipients for disaster recovery.
Sec. 103. Collateral requirements for disaster loans.
Sec. 104. Assistance to out-of-State business concerns to aid in 
                            disaster recovery.
Sec. 105. SBIC program.
Sec. 106. FAST program.
Sec. 107. Use of Federal surplus property in disaster areas.
Sec. 108. Recovery opportunity loans.
Sec. 109. Contractor malfeasance.
Sec. 110. Local contracting preferences and incentives.
Sec. 111. Clarification of collateral requirements.

               TITLE II--DISASTER PLANNING AND MITIGATION

Sec. 201. Use of physical damage disaster loans.
Sec. 202. Business recovery centers.

                      TITLE III--OTHER PROVISIONS

Sec. 301. Increased oversight of economic injury disaster loans.
Sec. 302. Reduction of paperwork burden.
Sec. 303. Report on web portal for disaster loan applicants.
Sec. 304. Local disaster contracting fairness.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``7(b) loan program'' means assistance 
        provided by the Administration under section 7(b) of the Small 
        Business Act (15 U.S.C. 636(b));
            (2) the terms ``Administration'' and ``Administrator'' mean 
        the Small Business Administration and the Administrator 
        thereof, respectively;
            (3) the term ``covered supplemental appropriations'' means 
        amounts made available to the Administration through 
        supplemental appropriations for--
                    (A) the cost of direct loans authorized under 
                section 7(b) of the Small Business Act (15 U.S.C. 
                636(b)) for necessary expenses related to the 
                consequences of a major disaster declared by the 
                President under section 401 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5170); and
                    (B) the direct administrative expenses of making 
                and servicing those loans;
            (4) the term ``major disaster'' means a major disaster 
        declared by the President under section 401 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170); and
            (5) the term ``small business concern'' has the meaning 
        given that term under section 3 of the Small Business Act (15 
        U.S.C. 632).

          TITLE I--IMPROVEMENTS OF DISASTER RESPONSE AND LOANS

SEC. 101. USE OF DATA SHARING.

    Section 312 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5155) is amended by adding at the end the 
following:
    ``(e) Use of Data Sharing.--
            ``(1) Definition.--In this subsection, the term `agency' 
        has the meaning given the term in section 552a of title 5, 
        United States Code.
            ``(2) Exemption from certain matching program 
        requirements.--Any action taken by an agency to prevent, 
        investigate, or recover duplicative Federal assistance under 
        this section shall not be subject to subsections (e)(12), (o), 
        (q), (r), and (u) of section 552a of title 5, United States 
        Code.
            ``(3) Fraudulent acquisition of assistance.--An 
        investigation conducted by an agency relating to the fraudulent 
        acquisition of duplicative Federal assistance under this 
        section shall not be subject to section 552a(p) of title 5, 
        United States Code.''.

SEC. 102. ADDITIONAL AWARDS TO SMALL BUSINESS DEVELOPMENT CENTERS, 
              WOMEN'S BUSINESS CENTERS, SCORE, AND FAST RECIPIENTS FOR 
              DISASTER RECOVERY.

    Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is 
amended by inserting before the undesignated matter following paragraph 
(9) the following:
            ``(10) Additional awards to small business development 
        centers, women's business centers, score, and fast recipients 
        for disaster recovery.--
                    ``(A) In general.--The Administration may provide 
                financial assistance to a small business development 
                center, a women's business center described in section 
                29, the Service Corps of Retired Executives, an entity, 
                organization, or individual that receives an award or 
                has in effect a cooperative agreement under section 34, 
                or any proposed consortium of such individuals or 
                entities to spur disaster recovery and growth of small 
                business concerns located in an area for which the 
                President has declared a major disaster.
                    ``(B) Form of financial assistance.--Financial 
                assistance provided under this paragraph shall be in 
                the form of a grant, contract, or cooperative 
                agreement.
                    ``(C) No matching funds required.--Matching funds 
                shall not be required for any grant, contract, or 
                cooperative agreement under this paragraph.
                    ``(D) Requirements.--A recipient of financial 
                assistance under this paragraph shall provide 
                counseling, training, and other related services, such 
                as promoting long-term resiliency, to small business 
                concerns and entrepreneurs impacted by a major 
                disaster.
                    ``(E) Performance.--
                            ``(i) In general.--The Administrator, in 
                        cooperation with the recipients of financial 
                        assistance under this paragraph, shall 
                        establish metrics and goals for performance of 
                        grants, contracts, and cooperative agreements 
                        under this paragraph, which shall include 
                        recovery of sales, recovery of employment, 
                        reestablishment of business premises, and 
                        establishment of new small business concerns.
                            ``(ii) Use of estimates.--The Administrator 
                        shall base the goals and metrics for 
                        performance established under clause (i), in 
                        part, on the estimates of disaster impact 
                        prepared by the Office of Disaster Assistance 
                        for purposes of estimating loan-making 
                        requirements.
                    ``(F) Term.--
                            ``(i) In general.--The term of any grant, 
                        contract, or cooperative agreement under this 
                        paragraph shall be for not more than 2 years.
                            ``(ii) Extension.--The Administrator may 
                        make 1 extension of a grant, contract, or 
                        cooperative agreement under this paragraph for 
                        a period of not more than 1 year, upon a 
                        showing of good cause and need for the 
                        extension.
                    ``(G) Exemption from other program requirements.--
                Financial assistance provided under this paragraph is 
                in addition to, and wholly separate from, any other 
                form of assistance provided by the Administrator under 
                this Act.
                    ``(H) Competitive basis.--The Administration shall 
                award financial assistance under this paragraph on a 
                competitive basis.''.

SEC. 103. COLLATERAL REQUIREMENTS FOR DISASTER LOANS.

    (a) In General.--Section 7(d)(6) of the Small Business Act (15 
U.S.C. 636(d)(6)) is amended in the third proviso--
            (1) by striking ``$14,000'' and inserting ``$25,000''; and
            (2) by striking ``major disaster'' and inserting 
        ``disaster''.
    (b) Sunset.--Effective on the date that is 3 years after the date 
of enactment of this Act, section 7(d)(6) of the Small Business Act (15 
U.S.C. 636(d)(6)) is amended in the third proviso--
            (1) by striking ``$25,000'' and inserting ``$14,000''; and
            (2) by inserting ``major'' before ``disaster''.
    (c) Report.--Not later than 180 days before the date on which the 
amendments made by subsection (b) are to take effect, the Administrator 
shall submit to Committee on Small Business and Entrepreneurship of the 
Senate and the Committee on Small Business of the House of 
Representatives a report on the effects of the amendments made by 
subsection (a), which shall include--
            (1) an assessment of the impact and benefits resulting from 
        the amendments; and
            (2) a recommendation as to whether the amendments should be 
        made permanent.

SEC. 104. ASSISTANCE TO OUT-OF-STATE BUSINESS CONCERNS TO AID IN 
              DISASTER RECOVERY.

    (a) In General.--Section 21(b)(3) of the Small Business Act (15 
U.S.C. 648(b)(3)) is amended--
            (1) by striking ``(3) At the discretion'' and inserting the 
        following:
            ``(3) Assistance to out-of-state small business concerns.--
                    ``(A) In general.--At the discretion''; and
            (2) by adding at the end the following:
                    ``(B) Disaster recovery assistance.--
                            ``(i) In general.--At the discretion of the 
                        Administrator, the Administrator may authorize 
                        a small business development center to provide 
                        advice, information, and assistance, as 
                        described in subsection (c), to a small 
                        business concern located outside of the State, 
                        without regard to geographic proximity to the 
                        small business development center, if the small 
                        business concern is located in an area for 
                        which the President has declared a major 
                        disaster.
                            ``(ii) Term.--
                                    ``(I) In general.--A small business 
                                development center may provide advice, 
                                information, and assistance to a small 
                                business concern under clause (i) for a 
                                period of not more than 2 years after 
                                the date on which the President 
                                declared a major disaster for the area 
                                in which the small business concern is 
                                located.
                                    ``(II) Extension.--The 
                                Administrator may, at the discretion of 
                                the Administrator, extend the period 
                                described in subclause (I).
                            ``(iii) Continuity of services.--A small 
                        business development center that provides 
                        counselors to an area described in clause (i) 
                        shall, to the maximum extent practicable, 
                        ensure continuity of services in any State in 
                        which the small business development center 
                        otherwise provides services.
                            ``(iv) Access to disaster recovery 
                        facilities.--For purposes of this subparagraph, 
                        the Administrator shall, to the maximum extent 
                        practicable, permit the personnel of a small 
                        business development center to use any site or 
                        facility designated by the Administrator for 
                        use to provide disaster recovery assistance.''.
    (b) Sense of Congress.--It is the sense of Congress that, subject 
to the availability of funds, the Administrator should, to the extent 
practicable, ensure that a small business development center is 
appropriately reimbursed for any legitimate expenses incurred in 
carrying out activities under section 21(b)(3)(B) of the Small Business 
Act, as added by subsection (a).

SEC. 105. SBIC PROGRAM.

    (a) Fast-Track Applications.--Section 301(c)(2) of the Small 
Business Investment Act of 1958 (15 U.S.C. 681(c)(2)) is amended by 
adding at the end the following:
                    ``(C) Priority for applicants located in disaster 
                areas.--
                            ``(i) Definition.--In this subparagraph, 
                        the term `disaster area' means the area for 
                        which the President has declared a major 
                        disaster (as defined in section 102 of the 
                        Robert T. Stafford Disaster Relief and 
                        Emergency Assistance Act (42 U.S.C. 5122)), 
                        during the period of the declaration.
                            ``(ii) Priority.--The Administrator shall 
                        give priority to an application for a license 
                        to operate as a small business investment 
                        company that is from an applicant located in a 
                        disaster area.''.
    (b) Maximum Leverage.--Section 303(b)(2) of the Small Business 
Investment Act of 1958 (15 U.S.C. 683(b)(2)) is amended by adding at 
the end the following:
                    ``(E) Investments in disaster areas.--In 
                calculating the outstanding leverage of a company 
                licensed under section 301(c) for the purposes of 
                subparagraph (A), or 2 or more companies licensed under 
                section 301(c) for the purposes of subparagraph (B), 
                the Administrator shall not include the amount equal to 
                the cost basis of any investment made by the company in 
                a small business concern that is located in an area for 
                which the President declared a major disaster (as 
                defined in section 102 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5122)) during the 1-year period beginning on the date 
                of the declaration.''.

SEC. 106. FAST PROGRAM.

    (a) Definitions.--Section 34(a) of the Small Business Act (15 
U.S.C. 657d(a)) is amended--
            (1) by redesignating paragraphs (3) through (9) as 
        paragraphs (4) through (10), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) Catastrophic disaster.--The term `catastrophic 
        disaster' means a catastrophic disaster, as determined by the 
        Administrator.''.
    (b) Priority.--Section 34(c)(2) of the Small Business Act (15 
U.S.C. 657d(c)(2)) is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B)(vi)(III), by striking the period at 
        the end and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) shall give special consideration to an 
                applicant that is located in an area affected by a 
                catastrophic disaster.''.
    (c) Additional Assistance.--Section 34(c) of the Small Business Act 
(15 U.S.C. 657d(c)) is amended by adding at the end the following:
            ``(5) Additional assistance for catastrophic disasters.--
        Upon application by an applicant that receives an award or has 
        in effect a cooperative agreement under this section and that 
        is located in an area affected by a catastrophic disaster, the 
        Administrator may--
                    ``(A) provide additional assistance to the 
                applicant; and
                    ``(B) waive the matching requirements under 
                subsection (e)(2).''.
    (d) Authorization of FAST Program.--Section 34 of the Small 
Business Act (15 U.S.C. 657d) is amended--
            (1) in subsection (h), by striking ``2005'' each place that 
        term appears and inserting ``2017''; and
            (2) in subsection (i), by striking ``September 30, 2005'' 
        and inserting ``September 30, 2017''.

SEC. 107. USE OF FEDERAL SURPLUS PROPERTY IN DISASTER AREAS.

    Section 7(j)(13)(F) of the Small Business Act (15 U.S.C. 
636(j)(13)(F)) is amended--
            (1) by inserting ``(i)'' after ``(F)''; and
            (2) by adding at the end the following:
                            ``(ii)(I) In this clause--
                                    ``(aa) the term `covered period' 
                                means the 2-year period beginning on 
                                the date on which the President 
                                declared the applicable major disaster; 
                                and
                                    ``(bb) the term `disaster area' 
                                means the area for which the President 
                                has declared a major disaster, during 
                                the covered period.
                            ``(II) The Administrator may transfer 
                        technology or surplus property under clause (i) 
                        on a priority basis to a small business concern 
                        located in a disaster area if--
                                    ``(aa) the small business concern 
                                meets the requirements for such a 
                                transfer, without regard to whether the 
                                small business concern is a Program 
                                Participant; and
                                    ``(bb) for a small business concern 
                                that is a Program Participant, on and 
                                after the date on which the President 
                                declared the applicable major disaster, 
                                the small business concern has not 
                                received property under this 
                                subparagraph on the basis of the status 
                                of the small business concern as a 
                                Program Participant.
                            ``(III) For any transfer of property under 
                        this clause to a small business concern, the 
                        terms and conditions shall be the same as a 
                        transfer to a Program Participant, except that 
                        the small business concern shall agree not to 
                        sell or transfer the property to any party 
                        other than the Federal Government during the 
                        covered period.
                            ``(IV) A small business concern that 
                        receives a transfer of property under this 
                        clause may not receive a transfer of property 
                        under clause (i) during the covered period.
                            ``(V) If a small business concern sells or 
                        transfers property in violation of the 
                        agreement described in subclause (III), the 
                        Administrator may initiate proceedings to 
                        prohibit the small business concern from 
                        receiving a transfer of property under this 
                        clause or clause (i), in addition to any other 
                        remedy available to the Administrator.''.

SEC. 108. RECOVERY OPPORTUNITY LOANS.

    Section 7(a)(31) of the Small Business Act (15 U.S.C. 636(a)(31)) 
is amended--
            (1) in subparagraph (A)--
                    (A) by redesignating clauses (i), (ii), and (iii) 
                as clauses (ii), (iii), and (iv), respectively; and
                    (B) by inserting before clause (ii), as so 
                redesignated, the following:
                            ``(i) The term `disaster area' means the 
                        area for which the President has declared a 
                        major disaster, during the 5-year period 
                        beginning on the date of the declaration.'';
            (2) by adding at the end the following:
                    ``(G) Recovery opportunity loans.--
                            ``(i) In general.--The Administrator may 
                        guarantee an express loan to a small business 
                        concern located in a disaster area in 
                        accordance with this subparagraph.
                            ``(ii) Maximums.--For a loan guaranteed 
                        under clause (i)--
                                    ``(I) the maximum loan amount is 
                                $150,000; and
                                    ``(II) the guarantee rate shall be 
                                not more than 85 percent.
                            ``(iii) Overall cap.--A loan guaranteed 
                        under clause (i) shall not be counted in 
                        determining the amount of loans made to a 
                        borrower for purposes of subparagraph (D).
                            ``(iv) Operations.--A small business 
                        concern receiving a loan guaranteed under 
                        clause (i) shall certify that the small 
                        business concern was in operation on the date 
                        on which the applicable major disaster occurred 
                        as a condition of receiving the loan.
                            ``(v) Repayment ability.--A loan guaranteed 
                        under clause (i) may only be made to a small 
                        business concern that demonstrates, to the 
                        satisfaction of the Administrator, sufficient 
                        capacity to repay the loan.
                            ``(vi) Timing of payment of guarantees.--
                                    ``(I) In general.--Not later than 
                                90 days after the date on which a 
                                request for purchase is filed with the 
                                Administrator, the Administrator shall 
                                determine whether to pay the guaranteed 
                                portion of the loan.
                                    ``(II) Recapture.--Notwithstanding 
                                any other provision of law, unless 
                                there is a subsequent finding of fraud 
                                by a court of competent jurisdiction 
                                relating to a loan guaranteed under 
                                clause (i), on and after the date that 
                                is 6 months after the date on which the 
                                Administrator determines to pay the 
                                guaranteed portion of the loan, the 
                                Administrator may not attempt to 
                                recapture the paid guarantee.
                            ``(vii) Fees.--
                                    ``(I) In general.--Unless the 
                                Administrator has waived the guarantee 
                                fee that would otherwise be collected 
                                by the Administrator under paragraph 
                                (18) for a loan guaranteed under clause 
                                (i), and except as provided in 
                                subclause (II), the guarantee fee for 
                                the loan shall be equal to the 
                                guarantee fee that the Administrator 
                                would collect if the guarantee rate for 
                                the loan was 50 percent.
                                    ``(II) Exception.--Subclause (I) 
                                shall not apply if the cost of carrying 
                                out the program under this subsection 
                                in a fiscal year is more than zero and 
                                such cost is directly attributable to 
                                the cost of guaranteeing loans under 
                                clause (i).''.

SEC. 109. CONTRACTOR MALFEASANCE.

    Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is 
amended by inserting before the undesignated matter following paragraph 
(10), as added by section 102 of this Act, the following:
            ``(11) Supplemental assistance for contractor 
        malfeasance.--
                    ``(A) In general.--If a contractor or other person 
                engages in malfeasance in connection with repairs to, 
                rehabilitation of, or replacement of real or personal 
                property relating to which a loan was made under this 
                subsection and the malfeasance results in substantial 
                economic damage to the recipient of the loan or 
                substantial risks to health or safety, upon receiving 
                documentation of the substantial economic damage or the 
                substantial risk to health and safety from an 
                independent loss verifier, and subject to subparagraph 
                (B), the Administrator may increase the amount of the 
                loan under this subsection, as necessary for the cost 
                of repairs, rehabilitation, or replacement needed to 
                address the cause of the economic damage or health or 
                safety risk.
                    ``(B) Requirements.--The Administrator may only 
                increase the amount of a loan under subparagraph (A) 
                upon receiving an appropriate certification from the 
                borrower and person performing the mitigation attesting 
                to the reasonableness of the mitigation costs and an 
                assignment of any proceeds received from the person 
                engaging in the malfeasance. The assignment of proceeds 
                recovered from the person engaging in the malfeasance 
                shall be equal to the amount of the loan under this 
                section. Any mitigation activities shall be subject to 
                audit and independent verification of completeness and 
                cost reasonableness.''.

SEC. 110. LOCAL CONTRACTING PREFERENCES AND INCENTIVES.

    Section 15 of the Small Business Act (15 U.S.C. 644) is amended by 
inserting after subsection (e) the following:
    ``(f) Contracting Preference for Small Business Concerns in a Major 
Disaster Area.--
            ``(1) Definition.--In this subsection, the term `disaster 
        area' means the area for which the President has declared a 
        major disaster, during the period of the declaration.
            ``(2) Contracting preference.--An agency shall provide a 
        contracting preference for a small business concern located in 
        a disaster area if the small business concern will perform the 
        work required under the contract in the disaster area.
            ``(3) Credit for meeting contracting goals.--If an agency 
        awards a contract to a small business concern under the 
        circumstances described in paragraph (2), the value of the 
        contract shall be doubled for purposes of determining 
        compliance with the goals for procurement contracts under 
        subsection (g)(1)(A).''.

SEC. 111. CLARIFICATION OF 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, in obtaining the best available 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 the property of, or economic 
injury to, a small business concern, shall not require the owner of the 
small business concern to use the primary residence of the owner as 
collateral if the Administrator determines that the owner has other 
assets of equal quality and with a value equal to or greater than the 
amount of the loan that could be used as collateral for the loan: 
Provided further, That nothing in the preceding proviso may be 
construed to reduce the amount of collateral required by the 
Administrator in connection with a loan described in the preceding 
proviso or to modify the standards used to evaluate the quality (rather 
than the type) of such collateral''.

               TITLE II--DISASTER PLANNING AND MITIGATION

SEC. 201. USE OF PHYSICAL DAMAGE DISASTER LOANS.

    Section 7(b)(1)(A) of the Small Business Act (15 U.S.C. 
636(b)(1)(A)) is amended in the second proviso--
            (1) by striking ``the Administration may increase'' and 
        inserting ``the Administration may, subject to section 18(a), 
        increase''; and
            (2) by striking ``and modifying structures'' and inserting 
        ``, and modifying structures (including construction of a safe 
        room or similar storm shelter designed to protect property and 
        occupants from tornadoes or other natural disasters)''.

SEC. 202. BUSINESS RECOVERY CENTERS.

    Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is 
amended by inserting before the undesignated matter following paragraph 
(11), as added by section 109 of this Act, the following:
            ``(12) Business recovery centers.--
                    ``(A) In general.--The Administrator, acting 
                through the district offices of the Administration, 
                shall identify locations that may be used as recovery 
                centers by the Administration in the event of a 
                disaster declared under this subsection or a major 
                disaster.
                    ``(B) Requirements for identification.--Each 
                district office of the Administration shall--
                            ``(i) identify a location described in 
                        subparagraph (A) in each county, parish, or 
                        similar unit of general local government in the 
                        area served by the district office; and
                            ``(ii) ensure that the locations identified 
                        under subparagraph (A) may be used as a 
                        recovery center without cost to the Government, 
                        to the extent practicable.''.

                      TITLE III--OTHER PROVISIONS

SEC. 301. INCREASED OVERSIGHT OF ECONOMIC INJURY DISASTER LOANS.

    (a) In General.--Section 7(b) of the Small Business Act (15 U.S.C. 
636(b)) is amended by inserting before the undesignated matter 
following paragraph (12), as added by section 202 of this Act, the 
following:
            ``(13) Increased oversight of economic injury disaster 
        loans.--The Administrator shall increase oversight of entities 
        receiving loans under paragraph (2), including through--
                    ``(A) scheduled site visits to ensure borrower 
                eligibility and compliance with requirements 
                established by the Administrator; and
                    ``(B) reviews of the use of the loan proceeds by an 
                entity described in paragraph (2) to ensure compliance 
                with requirements established by the Administrator.''.
    (b) Sense of Congress Relating to Using Existing Funds.--It is the 
sense of Congress that no additional Federal funds should be made 
available to carry out the amendments made by this section.

SEC. 302. REDUCTION OF PAPERWORK BURDEN.

    (a) Sense of Congress.--It is the sense of Congress that the 
Administrator should--
            (1) reduce paperwork burdens pursuant to section 3501 of 
        title 44, United States Code, on small business concerns 
        applying for disaster assistance under section 7(b) of the 
        Small Business Act (15 U.S.C. 636(b)); and
            (2) ensure that the application for disaster assistance 
        under section 7(b) of the Small Business Act (15 U.S.C. 636(b)) 
        facilitates deterring and detecting potential incidents of 
        waste, fraud, and abuse.
    (b) Reduction.--Section 7(b) of the Small Business Act (15 U.S.C. 
636(b)) is amended by inserting before the undesignated matter 
following paragraph (13), as added by section 301 of this Act, the 
following:
            ``(14) Paperwork reduction.--The Administrator shall take 
        steps to reduce, to the maximum extent practicable, the 
        paperwork associated with the application for a loan under this 
        subsection.''.

SEC. 303. REPORT ON WEB PORTAL FOR DISASTER LOAN APPLICANTS.

    Section 38 of the Small Business Act (15 U.S.C. 657j) is amended by 
adding at the end the following:
    ``(c) Report on Web Portal for Disaster Loan Application Status.--
            ``(1) In general.--Not later than 90 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 relating to the creation of a web 
        portal to the track the status of applications for disaster 
        assistance under section 7(b).
            ``(2) Contents.--The report under paragraph (1) shall 
        include--
                    ``(A) information on the progress of the 
                Administration in implementing the information system 
                under subsection (a);
                    ``(B) recommendations from the Administration 
                relating to the creation of a web portal for applicants 
                to check the status of an application for disaster 
                assistance under section 7(b), including a review of 
                best practices and web portal models from the private 
                sector;
                    ``(C) information on any related costs or staffing 
                needed to implement such a web portal;
                    ``(D) information on whether such a web portal can 
                maintain high standards for data privacy and data 
                security;
                    ``(E) information on whether such a web portal will 
                minimize redundancy among Administration disaster 
                programs, improve management of the number of inquiries 
                made by disaster applicants to employees located in the 
                area affected by the disaster and to call centers, and 
                reduce paperwork burdens on disaster victims; and
                    ``(F) such additional information as is determined 
                necessary by the Administrator.''.

SEC. 304. LOCAL DISASTER CONTRACTING FAIRNESS.

    (a) Definitions.--In this section--
            (1) the term ``executive agency'' has the meaning given 
        that term in section 133 of title 41, United States Code;
            (2) the term ``local subcontractor'' means, with respect to 
        a contract, a subcontractor who has a principal place of 
        business or regularly conducts operations in the area in which 
        work is to be performed under the contract by the 
        subcontractor; and
            (3) the term ``natural disaster reconstruction efforts'' 
        means reconstruction efforts undertaken in an area for which 
        the President has declared a major disaster under section 401 
        of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5170).
    (b) Federal Contracting Requirements.--
            (1) In general.--The head of an executive agency may not 
        enter into an agreement for debris removal or demolition 
        services in connection with natural disaster reconstruction 
        efforts unless the agreement specifies that--
                    (A) all of the work under the contract will be 
                performed by the prime contractor or 1 or more 
                subcontractors at 1 tier under the contract;
                    (B) any work performed under the contract by 
                subcontractors will be performed by local 
                subcontractors, except to the extent that local 
                subcontractors are not available to perform such work;
                    (C) the prime contractor will act as the project 
                manager or construction manager for the contract; and
                    (D) the prime contractor--
                            (i) has primary responsibility for managing 
                        all work under the contract; and
                            (ii) will be paid a certain percentage of 
                        the overall value of the contract as sole 
                        compensation for assuming the risk associated 
                        with such responsibility.
            (2) Preference for subcontractors affected by natural 
        disasters.--In entering into an agreement for debris removal or 
        demolition services in connection with natural disaster 
        reconstruction efforts, the head of an executive agency shall 
        give a preference in the source selection process to each 
        offeror who certifies that any work that is to be performed 
        under the contract by subcontractors will be performed by local 
        subcontractors.
    (c) Applicability.--The requirements under subsection (b) shall 
apply to agreements entered into on or after the date of enactment of 
this Act.
                                                       Calendar No. 113

114th CONGRESS

  1st Session

                                S. 1470

_______________________________________________________________________

                                 A BILL

  To amend the Small Business Act to provide additional assistance to 
 small business concerns for disaster recovery, and for other purposes.

_______________________________________________________________________

                             June 10, 2015

                       Reported with an amendment
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