Small Business Administration
Additional Steps Should Be Taken to Address Reforms to the Disaster Loan Program and Improve the Application Process for Future Disasters Gao ID: GAO-09-900T July 29, 2009This testimony discusses our work on reforms made to the Small Business Administration's (SBA) Disaster Loan Program and the impact those reforms had following recent disasters. SBA plays a critical role in assisting the victims of natural and other declared disasters. SBA provides financial assistance through its Disaster Loan Program to help homeowners, renters, businesses of all sizes, and nonprofits recover from disasters such as earthquakes, hurricanes, and terrorist attacks. Since the agency's inception in 1953, SBA has approved more than $46 billion in disaster loans for homeowners, businesses, and nonprofit organizations. After the 2005 Gulf Coast hurricanes (Katrina, Rita, and Wilma), SBA faced an unprecedented demand for disaster loans, while also being confronted with a significant backlog of applications; therefore, hundreds of thousands of loans were not disbursed in a timely way. Many criticized SBA for what was perceived to be a slow and confusing response to the disasters and one that exposed many deficiencies in the agency's Disaster Loan Program and demonstrated the need for reform. For example, as we stated in our February 2007 report, SBA did not engage in or complete comprehensive disaster plans before the Gulf Coast hurricanes, and this limited logistical disaster planning likely contributed to the initial challenges the agency faced in responding to the 2005 hurricanes. As a result, Congress and SBA agreed that the program needed significant improvements. Since then, SBA has taken several steps to reform its Disaster Loan Program which include creating an online loan application, increasing the capacity of its Disaster Credit Management System (DCMS), and developing a Disaster Recovery Plan (DRP). In June 2008, Congress enacted the Small Business Disaster Response and Loan Improvements Act (Act) to expand steps taken by SBA and require new measures to ensure that SBA is prepared for future catastrophic disasters.
While SBA has taken some steps toward implementing the Act, the agency still needs to take additional steps to completely address 8 provisions. According to SBA officials, the agency has not yet completely addressed some provisions that require new regulations because to do so, the agency must make extensive changes to current programs or implement new programs--such as the Immediate and Expedited Disaster Assistance Programs--to satisfy requirements of the Act. These programs, which require participation of private lenders, would be designed to provide businesses with access to short-term loans while they are waiting for long-term assistance. Moreover, as required by the Act, SBA has not issued an update of its comprehensive DRP that reflects recent changes resulting from the Act's requirements, as well as SBA's own reform efforts. Delays in updates to the DRP limit the agency's ability to adequately prepare for and respond to disasters. Also, SBA has not fully addressed the requirement for providing region-specific marketing and outreach and ensuring the information is made available to Small Business Centers (SBDCs) and other local resources. We consistently heard from regional entities, such as SBDCs and emergency management groups, about the need for more up-front information on SBA's Disaster Loan Program and their expected roles and responsibilities in disaster response efforts. By taking such actions, SBA could leverage the efforts and capacity of SBDCs, as well as state and local emergency management agencies, and ensure that it and they will be better prepared for future events, especially in disaster-prone areas. Furthermore, the Act established multiple new reporting requirements and while SBA has addressed some of these, the agency has failed to comply with the Act and issue a first annual report on disaster assistance--which was due in November 2008. Specifically, the Act requires that SBA report annually on the total number of SBA disaster staff, major changes to the Disaster Loan Program (such as changes to technology or staff responsibilities), a description of the number and dollar amount of disaster loans made during the year, and SBA's plans for preparing and responding to possible future disasters. Failure to produce annual reports on schedule can lead to a lack of transparency on the agency's progress in reforming the program. Additionally, 9 provisions set forth in the Act are subject to deadlines, which the agency has had limited success in meeting. The agency also has not developed a plan with expected time frames for addressing the remaining requirements. SBA's not providing reports to Congress and not having an implementation plan in place for addressing the remaining requirements can lead to a lack of transparencyabout the agency's Disaster Loan Program, program improvement, and capacity to reform the program, as well as its ability to adequately prepare for and respond to disasters. SBA's initial response following the 2008 Midwest floods and Hurricane Ike aligned with major components of its DRP, such as infrastructure, human capital, information technology, and communications. Additionally, individuals to whom we spoke affected by both disasters considered the agency's overall performance somewhat positive, but believed the disaster loan process could be improved.
GAO-09-900T, Small Business Administration: Additional Steps Should Be Taken to Address Reforms to the Disaster Loan Program and Improve the Application Process for Future Disasters
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Testimony:
Before the Committee on Small Business, House of Representatives:
United States Government Accountability Office:
GAO:
For Release on Delivery:
Expected at 1:00 p.m. EDT:
Wednesday, July 29, 2009:
Small Business Administration:
Additional Steps Should Be Taken to Address Reforms to the Disaster
Loan Program and Improve the Application Process for Future Disasters:
Statement of William B. Shear, Director:
Financial Markets and Community Investment:
GAO-09-900T:
[End of section]
Madam Chairwoman and Members of the Committee:
I am pleased to be here today to discuss our work on reforms made to
the Small Business Administration's (SBA) Disaster Loan Program and the
impact those reforms had following recent disasters. As you know, SBA
plays a critical role in assisting the victims of natural and other
declared disasters. SBA provides financial assistance through its
Disaster Loan Program to help homeowners, renters, businesses of all
sizes, and nonprofits recover from disasters such as earthquakes,
hurricanes, and terrorist attacks. Since the agency's inception in
1953, SBA has approved more than $46 billion in disaster loans for
homeowners, businesses, and nonprofit organizations. After the 2005
Gulf Coast hurricanes (Katrina, Rita, and Wilma), SBA faced an
unprecedented demand for disaster loans, while also being confronted
with a significant backlog of applications; therefore, hundreds of
thousands of loans were not disbursed in a timely way. Many criticized
SBA for what was perceived to be a slow and confusing response to the
disasters and one that exposed many deficiencies in the agency's
Disaster Loan Program and demonstrated the need for reform. For
example, as we stated in our February 2007 report, SBA did not engage
in or complete comprehensive disaster plans before the Gulf Coast
hurricanes, and this limited logistical disaster planning likely
contributed to the initial challenges the agency faced in responding to
the 2005 hurricanes.[Footnote 1] As a result, Congress and SBA agreed
that the program needed significant improvements. Since then, SBA has
taken several steps to reform its Disaster Loan Program which include
creating an online loan application, increasing the capacity of its
Disaster Credit Management System (DCMS), and developing a Disaster
Recovery Plan (DRP).[Footnote 2] In June 2008, Congress enacted the
Small Business Disaster Response and Loan Improvements Act (Act) to
expand steps taken by SBA and require new measures to ensure that SBA
is prepared for future catastrophic disasters.[Footnote 3]
My statement today summarizes our report released at this hearing.
[Footnote 4] This report focuses on (1) the extent to which SBA
addressed the requirements of the Act, and (2) how SBA's response,
following the major disasters of 2008, aligned with key components of
its June 2007 DRP. To do this work, we identified and analyzed the
requirements of the Act and related statutory deadlines; obtained
information about SBA's completed, current, and planned reform efforts;
reviewed documents and progress reports to determine if requirements
had been addressed and deadlines were met; interviewed officials and
obtained information on what, if any, challenges exist that may affect
SBA's ability to implement certain requirements; and interviewed
officials to obtain information about next steps and resources that the
agency identified as needed to address any remaining requirements. We
also conducted site visits in Iowa and Texas, and obtained information
on SBA's performance in the aftermath of the 2008 Midwest floods and
Hurricane Ike. We interviewed SBA and Small Business Development Center
(SBDC) officials, state and local officials, and representatives of
local Chambers of Commerce, economic development organizations, and
affected small business owners about what worked well and suggested
improvements to SBA's disaster loan processes. Finally, we reviewed
results from a survey of SBA loan applicants on their satisfaction with
SBA's Disaster Loan Program in 2008. Our work was performed between
October 2008 and July 2009 in accordance with generally accepted
government auditing standards.
SBA Fully Addressed Half of the Act's Provisions, but Has Not Yet
Established Milestones for Implementation of Remaining Requirements:
As of June 2009, SBA fully addressed requirements for 13 of 26
provisions of the Act; partially addressed 8; and took no action on 5
that are not applicable at this time (see table 1). For the 13
provisions SBA fully addressed, the agency's actions included putting
in place a secondary facility in Sacramento, California to process
loans during times when the main facility in Fort Worth, Texas is
unavailable, making improvements to DCMS to track and follow up with
applicants, and expanding its disaster reserve staff from about 300 to
more than 2,000 individuals. Furthermore, according to SBA and our
review, 5 provisions require no action by SBA at this time because they
are discretionary or additional appropriations are needed before SBA
can satisfy the Act's requirements.
Table 1. SBA's Status in Addressing Requirements and Deadlines of the
2008 Small Business Disaster Response and Loan Improvements Act:
Section: 12061;
Description of requirement: SBA permitted to make economic injury
disaster loans to nonprofits.
Status: Addressed (initial or ongoing) or deadline met.
Deadline: [Empty].
Section: 12062[A];
Description of requirement: SBA must ensure its disaster assistance
programs are coordinated to the maximum extent practicable with FEMA
programs.
Status: Partially addressed or some deadlines met;
Deadline: Not addressed or missed deadline.
Section: 12063;
Description of requirement: Better public awareness of disaster
declaration, application periods, and creation of a marketing and
outreach plan.
Status: Partially addressed or some deadlines met;
Deadline: Not addressed or missed deadline.
Section: 12064;
Description of requirement: SBA must conduct a study looking at the
consistency between standard operating procedures and regulations of
the Disaster Loan Program.
Status: Addressed (initial or ongoing) or deadline met.
Deadline:Not addressed or missed deadline.
Section: 12065;
Description of requirement: SBA increased loan amounts from $10,000 to
$14,000 without requiring collateral.
Status: Addressed (initial or ongoing) or deadline met.
Deadline: [Empty].
Section: 12066;
Description of requirement: SBA authorizes private contractors to
process disaster loans and coordinate efforts with IRS to expedite loan
processing.
Status: Partially addressed or some deadlines met;
Deadline: [Empty].
Section: 12067;
Description of requirement: SBA must develop, implement, or maintain a
centralized information system to track and follow up with disaster
loan applicants.
Status: Addressed (initial or ongoing) or deadline met.
Deadline: [Empty].
Section: 12068;
Description of requirement: SBA is authorized to increase the deferment
period of loans, but the deferment may not exceed 4 years.
Status: N/A;
Deadline: [Empty].
Section: 12069;
Description of requirement: SBA must put in a place a secondary
facility for processing disaster loans in case the primary facility is
unavailable.
Status: Addressed (initial or ongoing) or deadline met.
Deadline: [Empty].
Section: 12070;
Description of requirement: SBA can not require the borrower to pay any
non-amortized amount for the first 5 years after repayment begins.
Status: Addressed (initial or ongoing) or deadline met.
Deadline: [Empty].
Section: 12071;
Description of requirement: SBA is authorized to make economic injury
disaster loans in cases of ice storms and blizzards.
Status: Addressed (initial or ongoing) or deadline met.
Deadline: [Empty].
Section: 12072;
Description of requirement: SBA must develop and implement a major
disaster response plan and conduct a disaster simulation exercise at
least once every 2 years.
Status: Addressed (initial or ongoing) or deadline met;
Deadline: Addressed (initial or ongoing) or deadline met.
Section: 12073;
Description of requirement: SBA must assign an individual the disaster
planning responsibilities and report to Congress.
Status: Addressed (initial or ongoing) or deadline met;
Deadline: Addressed (initial or ongoing) or deadline met.
Section: 12074;
Description of requirement: SBA should ensure that the number of full-
time equivalent ODA employees is not fewer than 800 and in the disaster
cadre not fewer than 1,000.
Status: Addressed (initial or ongoing) or deadline met.
Deadline: [Empty].
Section: 12075;
Description of requirement: SBA must develop, implement, or maintain a
comprehensive written disaster response plan and update the plan
annually.
Status: Partially addressed or some deadlines met;
Deadline: Partially addressed or some deadlines met[B].
Section: 12076;
Description of requirement: SBA must develop long-term plans to secure
sufficient office space to accommodate an increased workforce in times
of disaster.
Status: Addressed (initial or ongoing) or deadline met.
Deadline: [Empty].
Section: 12077;
Description of requirement: SBA may not rely solely on the loan
applicant‘s status as a major source of employment prior to the
disaster to qualify for disaster loans beyond the current statutory
limit.
Status: Addressed (initial or ongoing) or deadline met.
Deadline: [Empty].
Section: 12078;
Description of requirement: Maximum disaster loan amount increased from
$1.5 to $2 million.
Status: Addressed (initial or ongoing) or deadline met.
Deadline: [Empty].
Section: 12079;
Description of requirement: SBA may guarantee any surety against loss
on a bid, payment, performance, or ancillary bond on any work order or
contract that at the time of the bond execution does not exceed $5
million.
Status: N/A;
Deadline: [Empty].
Section: 12081;
Description of requirement: If the President declares a major disaster,
SBA may declare eligibility for additional disaster assistance.
Status: N/A;
Deadline: [Empty].
Section: 12082;
Description of requirement: SBA permitted to make economic injury
disaster loans to eligible small business concerns located anywhere in
the US (including outside the disaster area) when the SBA declares
eligibility for additional disaster assistance.
Status: N/A;
Deadline: [Empty].
Section: 12083[A];
Description of requirement: SBA must establish and implement a Private
Disaster Assistance Program. SBA may guarantee timely payment of
principal and interest on private disaster loans issued to eligible
small businesses and homeowners within an eligible disaster area.
Status: Partially addressed or some deadlines met;
Deadline: Not addressed or missed deadline.
Section: 12084;
Description of requirement: SBA must establish an Immediate Disaster
Assistance Program to provide immediate small dollar loans through
private lenders.
Status: Partially addressed or some deadlines met;
Deadline: [Empty].
Section: 12085[A];
Description of requirement: SBA must establish an Expedited Disaster
Assistance Business Loan Program.
Status: Partially addressed or some deadlines met;
Deadline: Not addressed or missed deadline.
Section: 12086;
Description of requirement: SBA is allowed to institute a program to
refinance Gulf Coast disaster loans resulting form Hurricanes Katrina,
Rita, or Wilma up to an amount no greater than the original loan.
Status: N/A;
Deadline: [Empty].
Section: 12091;
Description of requirement: SBA must submit reports to Congress on
disaster assistance.
Status: Partially addressed or some deadlines met;
Deadline: Partially addressed or some deadlines met.
Source: GAO analysis of the Act and SBA documents.
Note: The Act explicitly establishes appropriation requirements for
procurements related to a major disaster for the provision in bold.
N/A: Not applicable because no action is needed to be taken by SBA at
this time, due to provisions‘ discretionary nature.
[A] The Act requires SBA to issue regulations for these provisions.
[B] SBA has not yet issued an updated DRP.
[End of table]
While SBA has taken some steps toward implementing the Act, the agency
still needs to take additional steps to completely address 8
provisions. According to SBA officials, the agency has not yet
completely addressed some provisions that require new regulations
because to do so, the agency must make extensive changes to current
programs or implement new programs--such as the Immediate and Expedited
Disaster Assistance Programs--to satisfy requirements of the Act. These
programs, which require participation of private lenders, would be
designed to provide businesses with access to short-term loans while
they are waiting for long-term assistance. Moreover, as required by the
Act, SBA has not issued an update of its comprehensive DRP that
reflects recent changes resulting from the Act's requirements, as well
as SBA's own reform efforts.[Footnote 5] Delays in updates to the DRP
limit the agency's ability to adequately prepare for and respond to
disasters. Also, SBA has not fully addressed the requirement for
providing region-specific marketing and outreach and ensuring the
information is made available to SBDCs and other local resources. We
consistently heard from regional entities, such as SBDCs and emergency
management groups, about the need for more up-front information on
SBA's Disaster Loan Program and their expected roles and
responsibilities in disaster response efforts. By taking such actions,
SBA could leverage the efforts and capacity of SBDCs, as well as state
and local emergency management agencies, and ensure that it and they
will be better prepared for future events, especially in disaster-prone
areas.
Furthermore, the Act established multiple new reporting requirements
and while SBA has addressed some of these, the agency has failed to
comply with the Act and issue a first annual report on disaster
assistance--which was due in November 2008. Specifically, the Act
requires that SBA report annually on the total number of SBA disaster
staff, major changes to the Disaster Loan Program (such as changes to
technology or staff responsibilities), a description of the number and
dollar amount of disaster loans made during the year, and SBA's plans
for preparing and responding to possible future disasters.[Footnote 6]
Failure to produce annual reports on schedule can lead to a lack of
transparency on the agency's progress in reforming the program.
Additionally, 9 provisions set forth in the Act are subject to
deadlines, which the agency has had limited success in meeting.
[Footnote 7] The agency also has not developed a plan with expected
time frames for addressing the remaining requirements. SBA's not
providing reports to Congress and not having an implementation plan in
place for addressing the remaining requirements can lead to a lack of
transparency about the agency's Disaster Loan Program, program
improvement, and capacity to reform the program, as well as its ability
to adequately prepare for and respond to disasters.
SBA's Response Following 2008 Disasters Aligned with Certain Components
of its DRP, but SBA's Response to Disaster Victims' Feedback on the
Application Process Could Be Improved:
SBA's initial response following the 2008 Midwest floods and Hurricane
Ike aligned with major components of its DRP, such as infrastructure,
human capital, information technology, and communications.
Additionally, individuals to whom we spoke affected by both disasters
considered the agency's overall performance somewhat positive, but
believed the disaster loan process could be improved.
In May 2008, floods devastated 85 counties in Iowa (one of several
states affected) and in September 2008, Hurricane Ike devastated 50
counties in Texas. SBA and SBDC officials, state and local
representatives, private-entity officials, and business owners in Iowa
and Texas told us that in the days immediately following the disasters,
SBA's Office of Disaster Assistance staff reported to the affected
areas and began providing needed disaster assistance. These individuals
also said that SBA staff provided outreach and public information about
its Disaster Loan Program; distributed application information;
assigned knowledgeable customer service representatives to various
Disaster and Business Recovery Centers; and assisted in the initial
application process by answering questions, providing guidance, and
offering one-on-one help--as outlined in SBA's DRP. In addition, our
review of SBA's 2008 Disaster Loan Program Customer Satisfaction Survey
also showed that respondents were somewhat satisfied with the
assistance SBA provided during other recent disasters.
However, both the individuals we interviewed and survey results
indicated areas for improvement and opportunities to increase
satisfaction with SBA's disaster loan process. For example, individuals
we interviewed and survey responses pointed to concerns about the
amount of paperwork required to complete SBA's disaster loan
application and the timeliness of loan disbursements. Also, some
business owners said they had to provide copies of 3 years of federal
income tax returns, although they had signed an Internal Revenue
Service (IRS) form 8821--Tax Information Authorization--which allows
SBA to get tax return information directly from IRS. To address these
concerns, the individuals we interviewed suggested several changes to
the program, such as eliminating the requirement that business loan
applicants provide copies of IRS tax records; providing partial
disbursements earlier in the process; using bridge loans to help ensure
disaster victims receive timely assistance; and involving SBA, SBDCs,
and state and local officials in joint pre-planning and disaster
preparedness efforts.
Though SBA officials told us they have been taking steps to improve the
application process, these steps and improvement efforts were not
documented. In addition, we found that while SBA conducts an annual
customer satisfaction survey, the agency does not appear to incorporate
this feedback mechanism into its formal efforts to continually improve
the application process. Furthermore, SBA does not appear to have a
formal process for addressing identified problem areas and using this
experience to improve the application process for future applicants. By
establishing such a process to address identified problem areas, SBA
could better demonstrate its commitment to improving the Disaster Loan
Program. As discussed in our report, while SBA has made progress, the
agency has missed opportunities to further improve its Disaster Loan
Program, and in particular improve the application process for future
applicants.
Actions Needed To Ensure That SBA Addresses Remaining Requirements and
Improves the Application Process:
In our report, we made five recommendations to facilitate SBA's
progress in meeting and complying with requirements of the Act and
improve the Disaster Loan Program. Specifically, we recommended that
the Administrator of SBA:
(1) develop procedures for regional entities that would enable SBA to
meet all region-specific requirements of the Act and ensure regional
entities, such as SBDCs, have this information and other Disaster Loan
Program information readily available prior to the likely occurrence of
a disaster;
(2) complete the first annual report to Congress on disaster assistance
and adhere to the time frame for subsequent reports;
(3) expeditiously issue an updated DRP that reflects recent changes
resulting from the Act's requirements, as well as SBA's own reform
efforts;
(4) develop an implementation plan and report to Congress on the
agency's progress in addressing the requirements of the Act, including
milestone dates for completing implementation; and:
(5) develop and implement a process to address identified problems in
the disaster loan application process for future applicants.
SBA generally agreed with our recommendations and stated the agency's
plan to incorporate them into its ongoing efforts to implement the Act
and improve the application process. Specifically, SBA plans to expand
its outreach efforts to ensure the public in all regions of the country
are more aware of SBA disaster assistance programs before a disaster
strikes. SBA is also planning to submit both the required annual
report, and the 2009 revision to its DRP to Congress by November 15,
2009. Additionally, SBA officials said the agency has plans to develop
an implementation plan for completion of the remaining provisions.
Finally, in response to our recommendation on the application process,
SBA cited ongoing efforts since 2005 to improve its application
process, such as the electronic loan application, and said the agency
has plans to continue its improvement efforts and make them an ongoing
priority. However, SBA did not say how it would implement a formal
process to address identified problem areas in the disaster loan
application process.
Madam Chairwoman, this concludes my prepared statement. I would be
pleased to respond to any questions you or other Members of the
Committee may have.
Contacts and Acknowledgments:
For further information on this testimony, please contact William B.
Shear at (202) 512-8678 or ShearW@gao.gov. Contact points for our
Offices of Congressional Relations and Public Affairs may be found on
the last page of this statement. Individuals making key contributions
to this testimony include Kay Kuhlman, Assistant Director; Michelle
Bowsky, Beth Faraguna, and Alexandra Martin-Arseneau.
[End of section]
Footnotes:
[1] GAO, Small Business Administration: Additional Steps Needed to
Enhance Agency Preparedness for Future Disasters, [hyperlink,
http://www.gao.gov/products/GAO-07-114] (Washington, D.C.: Feb. 14,
2007).
[2] SBA's use of the term "disaster recovery plan" differs from how it
is generally used in referring to an information technology-focused
plan designed to restore operability of a system, application, or
computer facility following an emergency.
[3] Pub. L. No. 110-246, subtitle B, 122 Stat. 2168 (2008).
[4] GAO, Small Business Administration: Additional Steps Should Be
Taken to Address Reforms to the Disaster Loan Program and Improve the
Application Process for Future Disasters, [hyperlink,
http://www.gao.gov/products/GAO-09-755] (Washington, D.C.: July 29,
2009).
[5] Congress acted to signify the importance of an agency-wide plan by
including a section of the Act that requires SBA to develop, implement,
or maintain a comprehensive written disaster response plan and update
the plan annually and following any major disaster when SBA declares
eligibility for additional disaster assistance. According to section
12075, the plan must include a description of the disasters most likely
to occur regionally, including (1) an assessment of the disaster; (2)
an assessment of the likely demand for SBA assistance; (3) an
assessment of SBA's resource needs related to information technology,
telecommunications, human resources, and office space; and (4)
guidelines on SBA's use of resources and how it intends to coordinate
with other agencies. SBA refers to its comprehensive disaster response
plan (as required by section 12075) as its DRP.
[6] The Act also states the annual report must include information on
some requirements under certain provisions, such as (a) the regulations
on coordination with FEMA to assure that applications for disaster
assistance are submitted as quickly as practicable as required under
section 12062; (b) disaster simulation exercises conducted by the
agency under section 12072; (c) updates to the comprehensive DRP
required under section 12075; and (d) updates to SBA's plans for
securing office space to accommodate an expanded workforce required
under section 12076.
[7] As of June 2009, SBA had met some deadlines for four provisions,
missed one deadline by 27 days, and missed deadlines for four remaining
provisions by many months.
[End of section]
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