[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7129 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 328
118th CONGRESS
  2d Session
                                H. R. 7129

                          [Report No. 118-399]

      To amend the Small Business Act to establish the Office of 
             Whistleblower Awards, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 30, 2024

  Mr. Williams of Texas (for himself, Mr. Mfume, Mr. Luetkemeyer, Mr. 
Stauber, Mr. Meuser, Ms. Van Duyne, Ms. Salazar, Mr. Mann, Mr. Ellzey, 
 Mr. Alford, Mr. Crane, Mr. Bean of Florida, Mr. Hunt, Mr. LaLota, Mr. 
   Molinaro, and Ms. Maloy) introduced the following bill; which was 
              referred to the Committee on Small Business

                           February 23, 2024

                     Additional sponsor: Mr. Rouzer

                           February 23, 2024

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed


_______________________________________________________________________

                                 A BILL


 
      To amend the Small Business Act to establish the Office of 
             Whistleblower Awards, 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 ``Put America on Commission Act of 
2024''.

SEC. 2. ESTABLISHMENT OF THE OFFICE OF WHISTLEBLOWER AWARDS.

    The Small Business Act (15 U.S.C. 631 et seq.) is amended--
            (1) in section 7(b), by redesignating the second paragraph 
        (16) (relating to statute of limitations) as paragraph (17);
            (2) by redesignating section 49 as section 50; and
            (3) by inserting after section 48 the following new 
        section:

``SEC. 49. OFFICE OF WHISTLEBLOWER AWARDS.

    ``(a) Establishment.--There is established within the Office of 
Performance, Planning, and the Chief Financial Officer of the 
Administration an Office of Whistleblower Awards.
    ``(b) Administration.--The Office of Whistleblower Awards shall be 
administered by an employee in the competitive service.
    ``(c) Awards to Whistleblowers.--
            ``(1) In general.--Except as otherwise provided in this 
        section, the head of the Office of Whistleblower Awards shall--
                    ``(A) with respect to information submitted to head 
                of the Office of Whistleblower Awards by whistleblowers 
                relating to financial misconduct or fraudulent 
                misrepresentation by a recipient of financial 
                assistance from the Administrator--
                            ``(i) determine, in coordination with the 
                        Inspector General, whether such information is 
                        original information; and
                            ``(ii) for all such information that is 
                        original information--
                                    ``(I) collect and transmit to the 
                                Inspector General such original 
                                information; and
                                    ``(II) track the use of such 
                                original information in obtaining final 
                                convictions and settlement and plea 
                                agreements; and
                    ``(B) pay an award in an amount as described in 
                paragraph (2) to a whistleblower for information 
                described in subparagraph (A) that is original 
                information submitted to head of the Office of 
                Whistleblower Awards by such whistleblower if a person 
                is finally convicted pursuant to, or enters into a 
                settlement or plea agreement with respect to, a COVID 
                loan action that is based, in whole or in part, on such 
                original information, as determined by the Inspector 
                General.
            ``(2) Amounts.--Any amount payable under this section shall 
        be paid from the amounts deposited in the Whistleblower Award 
        Fund established under subsection (f) based on a person finally 
        convicted pursuant to, or a settlement or plea agreement with 
        respect to, a COVID loan action that is based, in whole or in 
        part, on original information provided to the head of the 
        Office of Whistleblower Awards by the whistleblower as follows:
                    ``(A) 10 percent of the amounts so deposited if the 
                person so convicted or who entered into such settlement 
                or plea agreement, as applicable, is a national of the 
                United States or an entity located in the United 
                States.
                    ``(B) 15 percent of the amounts so deposited if the 
                person so convicted or who entered into such settlement 
                or plea agreement, as applicable, is a foreign national 
                or an entity located in a country other than the United 
                States.
            ``(3) Multiple whistleblowers.--
                    ``(A) In general.--If a person is finally convicted 
                pursuant to, or enters into a settlement or plea 
                agreement with respect to, a COVID loan action that is 
                based, in whole or in part, on information described in 
                paragraph (1)(A) that is original information from 
                multiple whistleblowers, only the whistleblower who 
                made the most substantial contribution with respect to 
                such COVID loan action (including such conviction, 
                settlement agreement, or plea agreement), as determined 
                by the head of the Office of Whistleblower Awards, may 
                receive an award under this section with respect to a 
                conviction pursuant to, or a settlement or plea 
                agreement with respect to, such COVID loan action.
                    ``(B) Substantiality determination.--For the 
                purposes of determining which whistleblower made the 
                most substantial contribution with respect to a COVID 
                loan action under subparagraph (A), the head of the 
                Office of Whistleblower Awards shall consider--
                            ``(i) the significance of the original 
                        information of the whistleblower with respect 
                        to such COVID loan action;
                            ``(ii) the role of the whistleblower and 
                        any legal representative of the whistleblower 
                        in contributing to such COVID loan action; and
                            ``(iii) such other criteria as the head of 
                        the Office of Whistleblower Awards determines 
                        appropriate.
    ``(d) Additional Requirements.--
            ``(1) Reduction in award.--The head of the Office of 
        Whistleblower Awards may reduce to an amount greater than or 
        equal to zero an award to a whistleblower under this section 
        for original information relating to financial misconduct or 
        fraudulent misrepresentation by a recipient of financial 
        assistance from the Administrator if the head of the Office of 
        Whistleblower Awards determines that such whistleblower planned 
        or initiated the actions that led to such to financial 
        misconduct or fraudulent misrepresentation.
            ``(2) Criminal conviction.--
                    ``(A) Denial.--A whistleblower who is finally 
                convicted of an offense arising out of planning or 
                initiating the actions that led to the to financial 
                misconduct or fraudulent misrepresentation by a 
                recipient of financial assistance from the 
                Administrator is ineligible for any award under this 
                section with respect any conviction, settlement 
                agreement, or plea agreement related to such financial 
                misconduct or fraudulent misrepresentation.
                    ``(B) Repayment.--As a condition of receiving an 
                award under this section, the whistleblower shall agree 
                to repay the full amount of the award if the 
                whistleblower is finally convicted of an offense 
                relating to the original information that was the basis 
                for receipt of such award.
            ``(3) No contract necessary.--A whistleblower shall not be 
        required to be a party to a contract with the Administrator to 
        be eligible to receive an award under this section.
            ``(4) Timing.--The head of the Office of Whistleblower 
        Awards shall disburse payments to a whistleblower under this 
        section not later than one year after the date on which amounts 
        have been deposited into the Whistleblower Award Fund based on 
        a conviction pursuant to, or a settlement or plea agreeement 
        entered into with respect to, a COVID loan action based, in 
        whole or in part, on information described in subsection 
        (c)(1)(A) that is original information provided by such 
        whistleblower.
            ``(5) Status updates.--The head of the Office of 
        Whistleblower Awards shall--
                    ``(A) provide confirmation of the receipt of 
                information described in subsection (c)(1)(A) to the 
                whistleblower that submitted such information;
                    ``(B) provide to such whistleblower--
                            ``(i) a notice of the determination whether 
                        such information is original information; and
                            ``(ii) for such information that is 
                        original information, a notice of each 
                        determination by the Inspector General pursuant 
                        to a final conviction or settlement or plea 
                        agreement with respect to a COVID loan action 
                        whether such information was the basis, in 
                        whole or in part, of such COVID loan action; 
                        and
                    ``(C) ensure that procedures consistent with 
                section 1213 of title 5, United States Code, for 
                findings on the disclosure and for the whistleblower to 
                comment on any preliminary determinations.
            ``(6) Anti-retaliation.--
                    ``(A) In general.--No person may be discriminated 
                against and no other prejudicial action may be taken 
                against a person because such person has made, is 
                perceived as about to make, or assisted or associated 
                with a person who made or is about to make a disclosure 
                under this section.
                    ``(B) Relief.--Any person who alleges to 
                discrimination or other prejudicial action in violation 
                of subparagraph (A) may seek relief for a violation of 
                such subparagraph pursuant to the rights, procedures, 
                burdens of proof and remedies in paragraphs (2) through 
                (5) of section 5323(g) of title 31, United States Code.
    ``(e) Appeals.--A determination made under this section by the head 
of the Office of Whistleblower Awards, except the determination of the 
amount of an award if the award was made in accordance with the 
requirements of subsection (c)(2), may be appealed by the whistleblower 
subject to such determination to the appropriate court of appeals of 
the United States not more than 30 days after the determination is 
issued by the head of the Office of Whistleblower Awards. The court 
shall review the determination in accordance with section 706 of title 
5, United States Code.
    ``(f) Whistleblower Award Fund.--
            ``(1) Establishment.--There is established in the 
        Department of the Treasury a revolving fund to be known as the 
        `Whistleblower Award Fund'.
            ``(2) Use of fund.--Amounts in the Whistleblower Award Fund 
        shall be available to head of the Office of Whistleblower 
        Awards, without further appropriation or fiscal year 
        limitation, for--
                    ``(A) payment of awards made under this section; 
                and
                    ``(B) the necessary expenses for the operation of 
                the Office of Whistleblower Awards.
            ``(3) Deposits.--Notwithstanding any other provision of 
        law, if a person is finally convicted pursuant to, or enters 
        into a settlement or plea agreement with respect to, a COVID 
        loan action based, in whole or in part, on original information 
        described in subsection (c)(1) that is provided to the head of 
        the Office of Whistleblower Awards by a whistleblower, there 
        shall be deposited into the Whistleblower Award Fund all 
        amounts collected from such person by the Federal Government, 
        including amounts collected as a result of a civil monetary 
        penalty under subsection (g)--
                    ``(A) for or pursuant to such conviction; or
                    ``(B) under or pursuant to such settlement or plea 
                agreement.
            ``(4) Remaining amounts.--The Administrator shall deposit 
        into the general fund of the Treasury any amounts in the 
        Whistleblower Award Fund not used to pay whistleblowers under 
        subsection (c) or the necessary expenses for the operation of 
        the Office of Whistleblower Awards.
    ``(g) Civil Monetary Penalty.--
            ``(1) In general.--Any person who is finally convicted 
        pursuant to a COVID loan action or who enters into a settlement 
        or plea agreement with respect to a COVID loan action shall, in 
        addition to any other penalties that may be prescribed by law, 
        be subject to a civil monetary penalty, assessed by the 
        Administrator, in an amount equal to 30 percent of the 
        aggregate of the principal amounts of the loans with respect to 
        which such person was so finally convicted or entered into such 
        a settlement or plea agreement.
            ``(2) Collection.--
                    ``(A) In general.--Civil money penalties and 
                assessments imposed under this subsection may be 
                compromised by the Adminstrator and may be recovered in 
                a civil action in the name of the United States brought 
                in United States district court for the district where 
                the conduct serving as the basis for the relevant COVID 
                loan action occurred or in United States district court 
                for the district in which the person against whom the 
                penalty or assessment has been assessed resides, as 
                determined by the Administrator.
                    ``(B) Withholdings.--
                            ``(i) In general.--The amount of a civil 
                        money penalty and assessment imposed under this 
                        subsection, when finally determined, or the 
                        amount agreed upon in compromise, may be 
                        deducted from any sum then or later owing by 
                        the United States to the person against whom 
                        the penalty or assessment has been assessed.
                            ``(ii) Treatment.--For the purposes of 
                        awards under this section, amounts deducted 
                        under clause (i) shall be deposited into the 
                        Whistleblower Award Fund.
    ``(h) Report.--Not later than 12 months after the date of the 
enactment of this section, and annually thereafter, the Administrator 
shall submit to Congress a report on--
            ``(1) the number of times whistleblowers submitted to the 
        head of the Office of Whistleblower Awards original information 
        relating to financial misconduct or fraudulent 
        misrepresentation by a recipient of financial assistance from 
        the Administrator;
            ``(2) the amount of awards disbursed under this section; 
        and
            ``(3) any legislative or administrative recommendations 
        regarding the duties of the Office of Whistleblower Awards.
    ``(i) Rule of Construction.--Nothing in this section shall be 
construed to modify or interfere with any investigations carried out by 
the Inspector General or another Federal agency.
    ``(j) Sunset.--
            ``(1) In general.--Except as provided by paragraph (2), the 
        authority under this section shall terminate on the date that 
        the last COVID loan action that was timely filed and either--
                    ``(A) has not been appealed and is no longer 
                appealable because the time for taking an appeal has 
                expired; or
                    ``(B) has been appealed and the appeals process for 
                such conviction is completed.
            ``(2) Appeals.--Notwithstanding paragraph (1), the 
        authority under this section shall continue with respect to a 
        claim for an award under this section for which a determination 
        is being appealed or is appealable under subsection (e) as of 
        the date described in such paragraph until a determination for 
        such award is no longer being appealed or appealable under 
        subsection (e).
    ``(k) Definitions.--In this section:
            ``(1) COVID loan action.--The term `COVID loan action' 
        means a criminal charge or civil enforcement action described 
        in--
                    ``(A) section 7(a)(36)(W);
                    ``(B) section 7(a)(37)(P);
                    ``(C) section 7(b)(17);
                    ``(D) section 1110(e)(9) of the CARES Act (15 
                U.S.C. 9009(e)(9)); or
                    ``(E) section 331(i) of the Economic Aid to Hard-
                Hit Small Businesses, Nonprofits, and Venues Act (15 
                U.S.C. 9009b(i)).
            ``(2) Final conviction; finally convicted.--The terms 
        `final conviction' and `finally convicted' mean, with respect 
        to a person, that such person has been convicted of an offense 
        and such conviction--
                    ``(A) has not been appealed and is no longer 
                appealable because the time for taking an appeal has 
                expired; or
                    ``(B) has been appealed and the appeals process for 
                such conviction is completed.
            ``(3) Inspector general.--The term `Inspector General' 
        means the Inspector General of the Administration.
            ``(4) Original information.--The term `original 
        information' means information that--
                    ``(A) is derived from the independent knowledge or 
                analysis of a whistleblower;
                    ``(B) is not known to the Administrator or 
                Inspector General from any source other than the 
                whistleblower, unless the whistleblower is the original 
                source of the information;
                    ``(C) is not exclusively derived from an allegation 
                made in a judicial or administrative action, in a 
                governmental report, hearing, audit, or investigation, 
                or from the news media, unless the whistleblower is a 
                source of the information; and
                    ``(D) was provided to the Inspector General--
                            ``(i) after the date of the enactment of 
                        this Act; or
                            ``(ii) by a means other than a hotline for 
                        reporting fraud, waste, and abuse that is 
                        maintained by the Inspector General.
            ``(5) Whistleblower.--The term `whistleblower' means an 
        individual who submits information to the Office of 
        Whistleblower Awards that such individual reasonably believes 
        relates to financial misconduct or fraudulent misrepresentation 
        by a recipient of financial assistance from the 
        Administrator.''.

SEC. 3. RULEMAKING.

    (a) In General.--Not later than six months after the date of the 
enactment of this Act, the Administrator of the Small Business 
Administration shall issue rules necessary to carry out the 
requirements of section 49 of the Small Business Act, as added by this 
Act.
    (b) Contribution Determination.--
            (1) In general.--Not later than three months after the date 
        of the enactment of this Act, the Administrator of the Small 
        Business Administration shall issue rules providing that--
                    (A) after the head of the Office of Whistleblower 
                Awards transmits original information to the Inspector 
                General of the Small Business Administration under 
                subsection (c)(1)(A)(ii)(I) of section 49 of the Small 
                Business Act, as added by section 2, and tracks such 
                information through a final conviction or settlement or 
                plea agreement with respect to a COVID loan action, the 
                head of the Office of Whistleblower Awards shall 
                request that the Inspector General indicate, for each 
                piece of such original information, that--
                            (i) such original information was the 
                        basis, in whole or in part, of such COVID loan 
                        action;
                            (ii) such original information was not the 
                        basis, in whole or in part, of such COVID loan 
                        action; or
                            (iii) whether such original information was 
                        the basis, in whole or in part, of such COVID 
                        loan action may not be disclosed;
                    (B) if the Inspector General indicates that whether 
                a piece of original information was the basis, in whole 
                or in part, of a COVID loan action may not be 
                disclosed, such original information shall be deemed to 
                have not been the basis, in whole or in part, of such 
                COVID loan action.
            (2) COVID loan action; final conviction; original 
        information defined.--In this subsection, the terms ``COVID 
        loan action'', ``final conviction'', and ``original 
        information'' have the meanings given such terms in subsection 
        (k) of section 49 of the Small Business Act, as added by 
        section 2.
                                                 Union Calendar No. 328

118th CONGRESS

  2d Session

                               H. R. 7129

                          [Report No. 118-399]

_______________________________________________________________________

                                 A BILL

      To amend the Small Business Act to establish the Office of 
             Whistleblower Awards, and for other purposes.

_______________________________________________________________________

                           February 23, 2024

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed