Lineage

Jan 9, 2025viewing Reported in Senate Ms. Ernst (for herself, Mr. Young, Mrs. Blackburn, Mr. Lankford, Mr. Curtis, Mr. Schmitt, and Mr. Hawley) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship See what changed
Jan 9, 2025 Introduced in Senate Ms. Ernst (for herself, Mr. Young, Mrs. Blackburn, Mr. Lankford, and Mr. Curtis) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship

S. 68 — what changed

Complete COVID Collections Act

From Introduced in Senate to Reported in Senate. 4 sections amended and 1 added between Introduced in Senate and Reported in Senate.

Sec. 2 Definitions

In this Act:

(1)

Administration; Administrator— The terms Administration and Administrator mean the Small Business Administration and the Administrator thereof, respectively.

(2)

Covered funds— The term covered funds means amounts made available for COVID–19 relief under—

(A)

changed the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 (Public Law 116–123; 134 ~~Stat~~ Stat. 146);

(B)

the Families First Coronavirus Response Act (Public Law 116–127; 134 Stat. 178);

(C)

the CARES Act (Public Law 116–136; 134 Stat. 281);

(D)

the Paycheck Protection Program and Health Care Enhancement Act (Public Law 116–139; 134 Stat. 620);

(E)

changed division M or N of the Consolidated Appropriations Act, 2021 (Public Law 116–260; 134 Stat. ~~1909);~~ 19091182); or

(F)

the American Rescue Plan Act of 2021 (Public Law 117–2; 135 Stat. 4).

(3)

Covered loan— The term covered loan means—

(A)

a loan guaranteed under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a)); and

(B)

a loan made under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) related to COVID–19.

(4)

Covered program— The term covered program means—

(A)

loans made under paragraph (36) or (37) of section 7(a) of the Small Business Act (15 U.S.C. 636(a));

(B)

economic injury disaster loans made under section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) related to COVID–19;

(C)

advances provided pursuant to section 1110 of the CARES Act (15 U.S.C. 9009), section 331 of division N of the Consolidated Appropriations Act, 2021 (15 U.S.C. 9009b), or section 5002(b) of the American Rescue Plan Act of 2021 (15 U.S.C. 9009 note);

(D)

restaurant revitalization grants made under section 5003 of the American Rescue Plan Act of 2021 (15 U.S.C. 9009c); and

(E)

grants for shuttered venue operators made under section 324 of division N of the Consolidated Appropriations Act, 2021 (15 U.S.C. 9009a).

(5)

Improper payment— The term improper payment has the meaning given the term in section 3351 of title 31, United States Code.

Sec. 3 Special Inspector General for Pandemic Recovery

(a)

Extension— Section 4018 of the CARES Act (15 U.S.C. 9053) is amended—

(1)

in subsection (c)(1), in the matter preceding subparagraph (A)—

(A)

changed by inserting “or the Administrator of the Small Business Administration (referred to in this ~~section~~ sectionsubsection as the “Administrator”)” after “the Secretary of the Treasury”;

(B)

by inserting “or the Administrator” after “established by the Secretary”;

(C)

by inserting “or any assistance provided under any covered program” after “under this Act” each place that term appears; and

(D)

by inserting “or the Administrator” after “management by the Secretary”;

(2)

changed in subsection (h), by striking “the date 5 years after March 27, ~~2020”~~ 2020the enactment of this Act” and inserting “September 30, 2030”; and

(3)

by adding at the end the following:

“(k) Coordination and provision of information

changed “(1) Coordination—In carrying out the duties, responsibilities, and authorities of the Special Inspector General under this section, the Special Inspector General shall coordinate with, and receive the cooperation of, the Administrator of the Small Business Administration and the Inspector General of the Small Business Administration.

changed “(2) Information—The Administrator of the Small Business Administration shall provide data and information related to covered programs to the Special Inspector General in the same manner as the Administrator provides that data and information to the Inspector General of the Small Business Administration.

“(l) Covered program—In this section, the term covered program has the meaning given the term in section 2 of the Complete COVID Collections Act.”

Sec. 4 Fraud enforcement harmonization

(a)

Emergency relief and taxpayer protections— Section 4003 of the CARES Act (15 U.S.C. 9042) is amended by adding at the end the following:

“(i) Fraud enforcement harmonization—Notwithstanding any other provision of law, any criminal charge or civil enforcement action alleging that a business, State, or municipality engaged in fraud or similarly related crime with respect to any loan, loan guarantee, or other investment made under this section shall be filed not later than 10 years after the offense was committed.”

(b)

Grants for shuttered venue operators— Section 324 of division N of the Consolidated Appropriations Act, 2021 (15 U.S.C. 9009a) is amended by adding at the end the following:

changed “(g) Fraud enforcement harmonization—Notwithstanding any other provision of law, any criminal charge or civil enforcement action alleging that ~~a business,~~ abusiness, State, or ~~municipality~~ municipalityan eligible person or entity engaged in fraud or similarly related crime with respect to any grant made under this section shall be filed not later than 10 years after the offense was committed.”

(c)

Restaurant revitalization grants— Section 5003 of the American Rescue Plan Act of 2021 (15 U.S.C. 9009c) is amended by adding at the end the following:

changed “(d) Fraud enforcement harmonization—Notwithstanding any other provision of law, any criminal charge or civil enforcement action alleging that a business, State, or ~~municipality~~ municipalityan eligible entity engaged in fraud or similarly related crime with respect to any grant made under this section shall be filed not later than 10 years after the offense was committed.”

Sec. 6 Department of Justice COVID–19 program fraud report

(a)

changed Requirement— Not later than 90 days after the date of enactment of this Act, and every month thereafter, the Attorney General shall submit to Congress a report on activities of the Department of Justice related to covered programs, which shall include—

(1)

a summary of the information contained in the report, specifically the total number of prosecutions, the total dollar amount recovered by prosecutions, the total number of referrals and source of such referrals, and the total number of declined cases and reasons for declining;

(2)

with respect to each covered program—

(A)

changed the number of prosecutions and disposition of each prosecution;

(B)

the dollar amount recovered from prosecutions;

(C)

the number of declined cases and the reasons for declining;

(D)

the number of referrals—

(i)

from the Department of Justice; and

(ii)

changed from sources other than the Department of Justice, such as other inspectors ~~general;~~ general of other agencies; and

(E)

the disposition of each referral described in subparagraph (D), specifically whether the referral resulted in prosecution or declination; and

(3)

any additional matters as the Attorney General determines appropriate.

Sec. 8 Fraud recovery collections

added

added Any collection of amounts that were obtained through a covered program as a result of fraud shall be applied solely towards reduction of the Federal debt.