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II
113th CONGRESS
1st Session
S. 415
IN THE SENATE OF THE UNITED STATES
February 28, 2013
Ms. Landrieu (for
herself, Mr. Cochran,
Mrs. Gillibrand, and
Mr. Pryor) introduced the following bill;
which was read twice and referred to the Committee on Small Business and
Entrepreneurship
A BILL
To clarify the collateral requirement for certain loans
under section 7(d) of the Small Business Act, to address assistance to
out-of-State small business concerns, and for other purposes.
1.
Short title
This Act may be cited as the
Small Business Disaster Reform Act of
2013.
2.
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 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.
3.
Assistance
to out-of-State small businesses
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 businesses
(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 assistance, as
described in subsection (c), to a small business concern located outside of the
State, without regard to geographic proximity, if the small business concern is
located 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), during the period of the declaration.
(ii)
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.
(iii)
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.
.
4.
Sense of
Congress
It is the sense of
Congress that, subject to the availability of funds, the Administrator of the
Small Business Administration shall, 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 (15 U.S.C. 648(b)(3)(B)), as added by
this Act.