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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2731 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2731

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

_______________________________________________________________________

                   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.

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

SECTION 1. SHORT TITLE.

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

SEC. 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.

SEC. 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.

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.

    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.''.

SEC. 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.

SEC. 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.

 TITLE II--IMPROVEMENTS TO ADMINISTRATION DISASTER ASSISTANCE PROGRAMS

SEC. 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.''.

SEC. 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].''.

SEC. 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.

SEC. 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''.

SEC. 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''.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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))''.
                                 <all>
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