What This Bill Does
This bill changes the rules for when the Small Business Administration can require collateral (money or property a borrower must pledge to guarantee a loan) from small businesses applying for disaster loans. The bill increases the dollar amount threshold that triggers collateral requirements and expands the types of disasters covered.
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Who It Affects
- Small businesses applying for disaster loans from the Small Business Administration
- The Comptroller General of the United States (the federal government's chief auditor)
- Members of Congress on the Senate Committee on Small Business and Entrepreneurship and the House Committee on Small Business
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Key Provisions
- The Small Business Administration must raise the minimum loan amount from $14,000 to $25,000 before it can require collateral from borrowers (Sec. 2)
- The collateral requirement now applies to all "disaster" loans instead of just "major disaster" loans (Sec. 2)
- The Comptroller General must report to Congress within 3 years about how well these loans perform, including how many borrowers default (fail to repay), and whether the new collateral rules affect loan performance (Sec. 3)
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What Changes
Small business owners seeking disaster loans will not have to provide collateral unless they borrow $25,000 or more, up from the current $14,000 threshold. The rules will also apply to regular disasters, not just major disasters.
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Important Definitions
Collateral: Money or property a borrower pledges to guarantee repayment of a loan.
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II
Calendar No. 165
118TH CONGRESS
1ST SESSION
S. 943
To increase the minimum disaster loan amount for which the Small Business
Administration may require collateral, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 22, 2023
Mr. KENNEDY introduced the following bill; which was read twice and referred
to the Committee on Small Business and Entrepreneurship
JULY 25, 2023
Reported by Mr. CARDIN, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To increase the minimum disaster loan amount for which
the Small Business Administration may require collat-
eral, and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Small Business Dis-
4
aster Damage Fairness Act of 2023’’.
5
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•S 943 RS
SEC.
2.
COLLATERAL
REQUIREMENTS
FOR
DISASTER
1
LOANS.
2
Section 7(d)(6) of the Small Business Act (15 U.S.C.
3
636(d)(6)) is amended in the third proviso—
4
(1)
by
striking
‘‘$14,000’’
and
inserting
5
‘‘$25,000’’; and
6
(2) by striking ‘‘major disaster’’ and inserting
7
‘‘disaster’’.
8
SECTION 1. SHORT TITLE.
9
This Act may be cited as the ‘‘Small Business Disaster
10
Damage Fairness Act of 2023’’.
11
SEC.
2.
COLLATERAL
REQUIREMENTS
FOR
DISASTER
12
LOANS.
13
Section 7(d)(6) of the Small Business Act (15 U.S.C.
14
636(d)(6)) is amended, in the third proviso—
15
(1)
by
striking
‘‘$14,000’’
and
inserting
16
‘‘$25,000’’; and
17
(2) by striking ‘‘major disaster’’ and inserting
18
‘‘disaster’’.
19
SEC. 3. GAO REPORT ON DEFAULT RATES.
20
Not later than 3 years after the date of enactment of
21
this Act, the Comptroller General of the United States shall
22
submit to the Committee on Small Business and Entrepre-
23
neurship of the Senate and the Committee on Small Busi-
24
ness of the House of Representatives a report on the per-
25
formance, including the default rate, of loans made under
26
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•S 943 RS
section 7(b)(1) of the Small Business Act (15 U.S.C.
1
636(b)(1)), and the impact of the amendments to collateral
2
amounts made under section 2 of this Act on the perform-
3
ance of those loans, during the period—
4
(1) beginning on September 30, 2020; and
5
(2) ending on the date on that is 2 years after
6
the date of enactment of this Act.
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Calendar No. 165
118TH CONGRESS
1ST SESSION
S. 943
A BILL
To increase the minimum disaster loan amount for
which the Small Business Administration may re-
quire collateral, and for other purposes.
JULY 25, 2023
Reported with an amendment
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