Page:United States Statutes at Large Volume 122.djvu/2201

 12 2 STA T . 21 78PUBLIC LA W 11 0– 2 46—J U NE 18, 2008 (1)inthema tte rp re c e d in g paragraph (1) ,bys tri k ing ‘ ‘the, A dministrati o n ’ ’ and inserting ‘‘the Administration’’ and ( 2 )inthe u ndesignated matter at the end — (A) by striking ‘‘, (2), and ( 4 )’’ and inserting ‘‘and (2)’’; and ( B ) by striking ‘‘, (2), or (4)’’ and inserting ‘‘(2)’’ .SEC.12079 .S MAL L BU S IN ESS B O N D IN GTHR ESHOLD. (a) INGE NE RAL .— Ex cept as pro v ided in subsection (b), and not w ithstanding any other provision o fl aw, for any procurement related to a ma j or disaster, the Administrator may, upon such terms and conditions as the Administrator may prescribe, guarantee and enter into commitments to guarantee any surety against loss resulting from a breach of the terms of a bid bond, payment bond, performance bond, or bonds ancillary thereto, by a principal on any total work order or contract amount at the time of bond execu - tion that does not exceed $5, 0 00,000. (b) IN C REA S E OF A M O U N T .— U pon re q uest of the head of any F ederal agency other than the Administration involved in reconstruction efforts in response to a major disaster, the Adminis- trator may guarantee and enter into a commitment to guarantee any security against loss under subsection (a) on any total work order or contract amount at the time of bond execution that does not exceed $10,000,000. (c) LI MITATION ON USE OF O T H ER FUN D S.— T he Administrator may carry out this section only with amounts appropriated in advance specifically to carry out this section. PARTI I —D I S AST E R L E N DIN G SEC. 120 8 1. ELIGIBILIT YF OR ADDITIONAL DISASTER ASSISTANCE. S ection 7 (b) of the Small Business Act (15 U.S. C . 63 6(b)) is amended by inserting immediately after paragraph ( 8 ), as added by this Act, the following

‘‘( 9 ) D ECLARATION OF ELI G I B ILIT Y FOR ADDITIONAL DISASTER ASSISTANCE.— ‘‘(A) IN GENERAL.—If the P resident declares a major disaster, the Administrator may declare eligibility for addi- tional disaster assistance in accordance with this para- graph. ‘‘(B) THRESHOLD.—A major disaster for which the Administrator declares eligibility for additional disaster assistance under this paragraph shall— ‘‘(i) have resulted in extraordinary levels of casual- ties or damage or disruption severely affecting the population (including mass evacuations), infrastruc- ture, environment, economy, national morale, or government functions in an area; ‘‘(ii) be comparable to the description of a cata- strophic incident in the N ational R esponse Plan of the Administration, or any successor thereto, unless there is no successor to such plan, in which case this clause shall have no force or effect; and ‘‘(iii) be of such si z e and scope that— ‘‘(I) the disaster assistance programs under the other paragraphs under this subsection are 15USC63 6 i.

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