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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/, SHA-256 fb72ae0f6bfa7789d91e8ceac3bf7f5d91de7257746ccc4b292f183d1e200a71.

Full text

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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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                                                                                          2
                                 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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                                                                                          3
                                 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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                                                                                          4
                                 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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