15 U.S.C. § 657l — Comprehensive disaster response plan

Page 1071 TITLE 15—COMMERCE AND TRADE § 657l 1 So in original. The word ‘‘the’’ probably should not appear. § 657j. Information tracking and follow-up system for disaster assistance (a) System required The Administrator shall develop, implement, or maintain a centralized information system to track communications between personnel of the Administration and applicants for disaster as- sistance. The system shall ensure that whenever an applicant for disaster assistance commu- nicates with such personnel on a matter relating to the application, the following information is recorded: (1) The method of communication. (2) The date of communication. (3) The identity of the personnel. (4) A summary of the subject matter of the communication. (b) Follow-up required The Administrator shall ensure that an appli- cant for disaster assistance receives, by tele- phone, mail, or electronic mail, follow-up com- munications from the Administration at all critical stages of the application process, includ- ing the following: (1) When the Administration determines that additional information or documentation is required to process the application. (2) When the Administration determines whether to approve or deny the loan. (3) When the primary contact person man- aging the loan application has changed. (c) Report on web portal for disaster loan appli- cation status (1) In general Not later than 90 days after November 25, 2015, the Administrator shall submit to the Committee on Small Business and Entrepre- neurship of the Senate and the Committee on Small Business of the House of Representa- tives a report relating to the creation of a web portal to the 1 track the status of applications for disaster assistance under section 636(b) of this title. (2) Contents The report under paragraph (1) shall in- clude— (A) information on the progress of the Ad- ministration in implementing the informa- tion system under subsection (a); (B) recommendations from the Adminis- tration relating to the creation of a web por- tal for applicants to check the status of an application for disaster assistance under sec- tion 636(b) of this title, 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 Ad- ministration disaster programs, improve management of the number of inquiries made by disaster applicants to employees lo- cated 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 de- termined necessary by the Administrator. (Pub. L. 85–536, § 2[38], as added Pub. L. 110–234, title XII, § 12067, May 22, 2008, 122 Stat. 1410, and Pub. L. 110–246, § 4(a), title XII, § 12067, June 18, 2008, 122 Stat. 1664, 2172; Pub. L. 114–88, div. B, title III, § 2303, Nov. 25, 2015, 129 Stat. 696.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2015—Subsec. (c). Pub. L. 114–88 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. § 657k. Disaster processing redundancy (a) In general The Administrator shall ensure that the Ad- ministration has in place a facility for disaster loan processing that, whenever the Administra- tion’s primary facility for disaster loan proc- essing becomes unavailable, is able to take over all disaster loan processing from that primary facility within 2 days. (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this sec- tion. (Pub. L. 85–536, § 2[39], as added Pub. L. 110–234, title XII, § 12069, May 22, 2008, 122 Stat. 1411, and Pub. L. 110–246, § 4(a), title XII, § 12069, June 18, 2008, 122 Stat. 1664, 2173.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. § 657l. Comprehensive disaster response plan (a) Plan required The Administrator shall develop, implement, or maintain a comprehensive written disaster response plan. The plan shall include the fol- lowing: Page 1072 TITLE 15—COMMERCE AND TRADE § 657m (1) For each region of the Administration, a description of the disasters most likely to occur in that region. (2) For each disaster described under para- graph (1)— (A) an assessment of the disaster; (B) an assessment of the demand for Ad- ministration assistance most likely to occur in response to the disaster; (C) an assessment of the needs of the Ad- ministration, with respect to such resources as information technology, telecommuni- cations, human resources, and office space, to meet the demand referred to in subpara- graph (B); and (D) guidelines pursuant to which the Ad- ministration will coordinate with other Fed- eral agencies and with State and local au- thorities to best respond to the demand re- ferred to in subparagraph (B) and to best use the resources referred to in that subpara- graph. (b) Completion; revision The first plan required by subsection (a) shall be completed not later than 180 days after the date of the enactment of this section. There- after, the Administrator shall update the plan on an annual basis and following any major dis- aster relating to which the Administrator de- clares eligibility for additional disaster assist- ance under section 636(b)(9) of this title. (c) Knowledge required The Administrator shall carry out subsections (a) and (b) through an individual with substan- tial knowledge in the field of disaster readiness and emergency response. (d) Report The Administrator shall include a report on the plan whenever the Administration submits the report required by section 657o of this title. (Pub. L. 85–536, § 2[40], as added Pub. L. 110–234, title XII, § 12075, May 22, 2008, 122 Stat. 1414, and Pub. L. 110–246, § 4(a), title XII, § 12075, June 18, 2008, 122 Stat. 1664, 2176.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsec. (b), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. DISASTER PLAN IMPROVEMENTS Pub. L. 114–88, div. A, title I, § 1105, Nov. 25, 2015, 129 Stat. 688, provided that: ‘‘The Administrator of the Small Business Administration shall revise the com- prehensive written disaster response plan required in section 40 of the Small Business Act (15 U.S.C. 657l), or any successor thereto, to incorporate the Administra- tion’s response to a situation in which an extreme vol- ume of applications are received during the period of time immediately after a disaster, which shall include a plan to ensure that sufficient human and techno- logical resources are made available and a plan to pre- vent delays in loan processing.’’ § 657m. Plans to secure sufficient office space (a) Plans required The Administrator shall develop long-term plans to secure sufficient office space to accom- modate an expanded workforce in times of dis- aster. (b) Report The Administrator shall include a report on the plans developed under subsection (a) each time the Administration submits a report re- quired under section 657o of this title. (Pub. L. 85–536, § 2[41], as added Pub. L. 110–234, title XII, § 12076, May 22, 2008, 122 Stat. 1415, and Pub. L. 110–246, § 4(a), title XII, § 12076, June 18, 2008, 122 Stat. 1664, 2177.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Enactment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture. § 657n. Immediate Disaster Assistance program (a) Program required The Administrator shall carry out a program, to be known as the Immediate Disaster Assist- ance program, under which the Administration participates on a deferred (guaranteed) basis in 85 percent of the balance of the financing out- standing at the time of disbursement of the loan if such balance is less than or equal to $25,000 for businesses affected by a disaster. (b) Eligibility requirement To receive a loan guaranteed under subsection (a), the applicant shall also apply for, and meet basic eligibility standards for, a loan under sub- section (b) or (c) of section 636 of this title. (c) Use of proceeds A person who receives a loan under subsection (b) or (c) of section 636 of this title shall use the proceeds of that loan to repay all loans guaran- teed under subsection (a), if any, before using the proceeds for any other purpose. (d) Loan terms (1) No prepayment penalty There shall be no prepayment penalty on a loan guaranteed under subsection (a). (2) Repayment A person who receives a loan guaranteed under subsection (a) and who is disapproved