[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2664 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2664

   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

                             July 27, 2023

     Ms. Ernst (for herself, Mr. Hawley, Mr. Rubio, and Mr. Young) 
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.

    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 ``Strengthening Taxpayer Recoveries 
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); 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 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 Strengthening 
Taxpayer Recoveries Act.''.
    (b) Funding.--
            (1) Deposit and use of amounts recovered from audits and 
        investigations.--
                    (A) Deposit.--Notwithstanding section 3302 of title 
                31, United States Code, the Secretary of the Treasury 
                shall credit to the Special Inspector General for 
                Pandemic Recovery as offsetting collections any amounts 
                recovered by the Federal Government that are 
                attributable to an audit or investigation by the Office 
                of the Special Inspector General for Pandemic Recovery.
                    (B) Use.--Amounts credited under subparagraph (A) 
                shall be available to the Special Inspector General for 
                Pandemic Recovery, without further appropriation, for 
                necessary expenses in carrying out section 4018 of the 
                CARES Act (15 U.S.C. 9053).
                    (C) Period of availability.--Amounts credited under 
                subparagraph (A) shall remain available until September 
                30, 2030.
            (2) Reporting.--The Special Inspector General for Pandemic 
        Recovery shall submit to the Committee on Small Business and 
        Entrepreneurship and the Committee on Appropriations of the 
        Senate and the Committee on Small Business and the Committee on 
        Appropriations of the House of Representatives an annual report 
        on the amounts recovered by the Federal Government that are 
        attributable to an audit or investigation by the Office of the 
        Special Inspector General for Pandemic Recovery--
                    (A) that are relating to a covered program; and
                    (B) that are relating to a program that is not a 
                covered program.

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 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.''.

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 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.

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.
                                 <all>