eligible small business concern
(9) Declaration of eligibility for additional disaster assistance.— (A) In general .— If the President declares a major disaster, the Administrator may declare eligibility for additional disaster assistance in accordance with this paragraph. (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 casualties or damage or disruption severely affecting the population (including mass evacuations), infrastructure, environment, economy, national morale, or government functions in an area; (ii) be comparable to the description of a catastrophic incident in the National Response 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 size and scope that— (I) the disaster assistance programs under the other paragraphs under this subsection are incapable of providing adequate and timely assistance to individuals or business concerns located within the disaster area; or (II) a significant number of business concerns outside the disaster area have suffered disaster-related substantial economic injury as a result of the incident. (C) Additional economic injury disaster loan assistance.— (i) In general .— If the Administrator declares eligibility for additional disaster assistance under this paragraph, the Administrator may make such loans under this subparagraph (either directly or in cooperation with banks or other lending institutions through agreements to participate on an immediate or deferred basis) as the Administrator determines appropriate to eligible small business concerns located anywhere in the United States. (ii) Processing time.— (I) In general .— If the Administrator determines that the average processing time for applications for disaster loans under this subparagraph relating to a specific major disaster is more than 15 days, the Administrator shall give priority to the processing of such applications submitted by eligible small business concerns located inside the disaster area, until the Administrator determines that the average processing time for such applications is not more than 15 days. (II) Suspension of applications from outside disaster area .— If the Administrator determines that the average processing time for applications for disaster loans under this subparagraph relating to a specific major disaster is more than 30 days, the Administrator shall suspend the processing of such applications submitted by eligible small business concerns located outside the disaster area, until the Administrator determines that the average processing time for such applications is not more than 15 days. (iii) Loan terms .— A loan under this subparagraph shall be made on the same terms as a loan under paragraph (2). (D) Definitions .— In this paragraph— (i) the term “disaster area” means the area for which the applicable major disaster was declared; (ii) the term “disaster-related substantial economic injury” means economic harm to a business concern that results in the inability of the business concern to— (I) meet its obligations as it matures; (II) meet its ordinary and necessary operating expenses; or (III) market, produce, or provide a product or service ordinarily marketed, produced, or provided by the business concern because the business concern relies on materials from the disaster area or sells or markets in the disaster area; and (iii) the term “eligible small business concern” means a small business concern— (I) that has suffered disaster-related substantial economic injury as a result of the applicable major disaster; and (II) (aa) for which not less than 25 percent of the market share of that small business concern is from business transacted in the disaster area; (bb) for which not less than 25 percent of an input into a production process of that small business concern is from the disaster area; or (cc) that relies on a provider located in the disaster area for a service that is not readily available elsewhere.