H. R. (118th Congress) — To prohibit individuals convicted of defrauding the Government from receiving any assistance
Summary
The text of a bill in the 118TH Congress, 1st Session, introduced in the House of Representatives by Williams of Texas, to prohibit individuals convicted of defrauding the Government from receiving any assistance from the Small Business Administration. Section 1 adds subsection (h) to Section 16 of the Small Business Act, providing that an associate of a small business concern who is finally convicted of a crime involving or relating to financial misconduct or a false statement with respect to a covered loan or grant is ineligible for financial assistance from the Administrator, other than assistance under section 7(b). The bill defines associate, covered loan or grant, and finally convicted, and does not apply to any contract or other agreement entered into by the Government before enactment.
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“H. R. (118th Congress) — To prohibit individuals convicted of defrauding the Government from receiving any assistance.”
Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/405695-2023-09-13-williams-and-van-duyne-covid-19-pandemic-fraud-mus-a-b4db0a5113/
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(Original Signature of Member)
H. R. ll
118TH CONGRESS
1ST SESSION
To prohibit individuals convicted of defrauding the Government from receiving
any assistance from the Small Business Administration, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
Mr. WILLIAMS of Texas introduced the following bill; which was referred to
the Committee on lllllllllllllll
A BILL
To prohibit individuals convicted of defrauding the Govern-
ment from receiving any assistance from the Small Busi-
ness Administration, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. ASSISTANCE PROHIBITED AFTER FRAUD CON-
4 VICTION.
5 (a) IN GENERAL.—Section 16 of the Small Business
6 Act (15 U.S.C. 645) is amended by adding at the end the
7 following new subsection:
8 ‘‘(h) FINANCIAL ASSISTANCE PROHIBITION.—
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1 ‘‘(1) IN GENERAL.—An associate of a small
2 business concern who is finally convicted of any
3 crime involving or relating to financial misconduct or
4 a false statement with respect to a covered loan or
5 grant shall be ineligible to receive any financial as-
6 sistance from the Administrator, other than financial
7 assistance under section 7(b).
8 ‘‘(2) BUSINESS CONCERNS.—A small business
9 concern that has as an associate an individual sub-
10 ject to paragraph (1) shall be ineligible to receive
11 any financial assistance from the Administrator,
12 other than financial assistance under section 7(b).
13 ‘‘(3) DEFINITIONS.—In this subsection:
14 ‘‘(A) ASSOCIATE.—The term ‘associate’
15 means, with respect to an small business con-
16 cern—
17 ‘‘(i) an officer, director, or owner of
18 more than 20 percent of the equity of, or
19 a key employee of, such small business
20 concern;
21 ‘‘(ii) any entity not less than 20 per-
22 cent owned or controlled by one or more
23 individuals referred to in clause (i); and
24 ‘‘(iii) any other individual or entity in
25 control of or controlled by such small busi-
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1 ness concern, except for a licensed small
2 business investment company (as defined
3 in section 103(3) of the Small Business In-
4 vestment Act of 1958 (15 U.S.C. 662(3)).
5 ‘‘(B) COVERED LOAN OR GRANT.—The
6 term ‘covered loan or grant’ means—
7 ‘‘(i) a loan made under—
8 ‘‘(I) paragraph (36) or (37) of
9 subsection (a) of section 7 of the
10 Small Business Act (15 U.S.C. 636);
11 or
12 ‘‘(II) subsection (b) of such sec-
13 tion in response to the COVID–19
14 pandemic; or
15 ‘‘(ii) a grant made under—
16 ‘‘(I) section 5003 of the Amer-
17 ican Rescue Plan Act of 2021 (15
18 U.S.C. 9009c); or
19 ‘‘(II) section 324 of the Eco-
20 nomic Aid to Hard-Hit Small Busi-
21 nesses, Nonprofits, and Venues Act
22 (15 U.S.C. 9009a).
23 ‘‘(C) FINALLY CONVICTED.—The term ‘fi-
24 nally convicted’ means, with respect to an indi-
25 vidual or entity, that such individual or entity
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1 has been convicted of an offense and such con-
2 viction—
3 ‘‘(i) has not been appealed and is no
4 longer appealable because the time for tak-
5 ing an appeal has expired; or
6 ‘‘(ii) has been appealed and the ap-
7 peals process for such conviction is com-
8 pleted.’’.
9 (b) APPLICABILITY.—Subsection (h) of section 16 of
10 the Small Business Act (15 U.S.C. 645), as added by sub-
11 section (a) of this Act, shall not apply to any contract or
12 other agreement entered into by the Government prior to
13 the date of the enactment of this Act.
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