119-s68

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 68 Reported in Senate

    (RS) ]

<DOC>

 Calendar No. 8
119th CONGRESS
 1st Session
 S. 68

 To prohibit the suspension of collections on loans made to small 
 businesses related to COVID-19, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 January 9, 2025

 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

 February 10, 2025

 Reported by Ms. Ernst, with amendments
 [Omit the parts struck through and insert the parts printed in italic]

_______________________________________________________________________

 A BILL

 To prohibit the suspension of collections on loans made to small 
 businesses related to COVID-19, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Complete COVID Collections Act''.

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) 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 1182); 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) by inserting ``or the Administrator of the 
 Small Business Administration (referred to in this 
 section subsection 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 the enactment of this Act'' 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 of the Small Business Administration and the 
 Inspector General of the Small Business Administration.
 ``

    (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:
 ``

    (g) Fraud Enforcement Harmonization.--Notwithstanding any other 
provision of law, any criminal charge or civil enforcement action 
alleging that a business, State, or municipality an 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:
 ``
            (d) Fraud Enforcement Harmonization.--Notwithstanding any other 
provision of law, any criminal charge or civil enforcement action 
alleging that a business, State, or municipality an 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. 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.

SEC. 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 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) 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) from sources other than the Department 
 of Justice, such as other inspectors 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. 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.

SEC. 8. FRAUD RECOVERY COLLECTIONS.

 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.
 Calendar No. 8

119th CONGRESS

 1st Session

 S. 68

_______________________________________________________________________

 A BILL

 To prohibit the suspension of collections on loans made to small 
 businesses related to COVID-19, and for other purposes.

_______________________________________________________________________

 February 10, 2025

 Reported with amendments