S. 68

116 S68 IS: Complete COVID Collections Act
 U.S. Senate
 2025-01-09
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 68  IN THE SENATE OF THE UNITED STATES   January 9, 2025   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    A BILL
To prohibit the suspension of collections on loans made to small businesses related to COVID–19, and for other purposes.
1.
Short title
This Act may be cited as the   Complete COVID Collections Act  .
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)
the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 ( Public Law 116–123 ; 134 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)
division M or N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ; 134 Stat. 1909); 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.
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)
by inserting  or the Administrator of the Small Business Administration (referred to in this section 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)
in subsection (h), by striking  the date 5 years after March 27, 2020  and inserting  September 30, 2030 ; and
(3)
by adding at the end the following:
(k)
Coordination and provision of information
(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 and the Inspector General of the Small Business Administration.
(2)
Information
The Administrator 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 .
 .
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:
(g)
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 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:
(d)
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 grant made under this section shall be filed not later than 10 years after the offense was committed.
 .
5.
Prohibition on suspending collections on SBA loans related to COVID–19
(a)
Referral of claims
The Administrator shall refer to the Department of the Treasury any claim for collection related to a covered loan under $100,000.
(b)
Department of the Treasury determination
The Department of the Treasury shall render a final decision as to suspend, end, or make collection on a claim referred to the Department of the Treasury by the Administrator under subsection (a).
(c)
Briefings and testimony
(1)
Monthly briefings
Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Administrator shall brief the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives on the progress of the Administrator in pursuing the collection of claims related to covered loans and transferring claims to the Department of the Treasury for collection in accordance with subchapter II of  chapter 37  of title 31, United States Code.
(2)
Testimony
(A)
In general
The Administrator shall testify annually before the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives on—
(i)
the implementation of collections of claims related to covered loans;
(ii)
improper payments related to covered programs; and
(iii)
the compliance of the Administration with the reporting requirements under subchapter IV of  chapter 33  of title 31, United States Code.
(B)
Nondelegation
The Administrator may not delegate the responsibility under subparagraph (A) to any other individual.
6.
Department of Justice COVID–19 program fraud report
(a)
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 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)
the number 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)
from sources other than the Department of Justice, such as other inspectors general; 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.
7.
Recoveries transparency
Not later than 60 days after the date of enactment of this Act, the Pandemic Response Accountability Committee established under section 15010 of division B of the CARES Act ( Public Law 116–136 ; 134 Stat. 533) shall establish and maintain on the website of the Committee real-time data relating to covered funds recovered by the Federal Government, which shall be broken out by type of covered funds and dollar amount of covered funds recovered by the Federal Government.