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PPP and Bank Fraud Enforcement Harmonization Act of 2022, H.R. 7352 — Congressional Record, House, June 7, 2022

Summary

This is H5249 of the Congressional Record, House, June 7, 2022, under the heading PPP and Bank Fraud Enforcement Harmonization Act of 2022, with interleaved columns. Ms. Velazquez moves to suspend the rules and pass H.R. 7352, to amend the Small Business Act to extend the statute of limitation for fraud by borrowers under the Paycheck Protection Program, and the bill text sets a limit of not later than 10 years after the offense was committed. Ms. Velazquez states that, under current law, nonbank PPP loans are often prosecuted as wire fraud with a 5-year statute of limitations, while bank-originated loans are prosecuted as bank fraud with a 10-year statute. Mr. Luetkemeyer speaks in support of the bill, and the speakers state that the SBA Office of Inspector General identified over 70,000 potentially fraudulent PPP loans totaling over $4.6 billion.

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“PPP and Bank Fraud Enforcement Harmonization Act of 2022, H.R. 7352 — Congressional Record, House, June 7, 2022.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-06-07-crec-2022-06-07-pt1-pgh5249-9d4fe20528/, SHA-256 08d61ad1ecabe46c13a19a4b465444557d182ffdcc75958a3220f35e47a14447.

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                                            June 7, 2022                                       CONGRESSIONAL RECORD — HOUSE                                                              H5249
                                            COURTNEY) that the House suspend the                      There was no objection.                              we must ensure prosecutors have
                                            rules and pass the bill, H.R. 6087, as                    Ms. VELÁZQUEZ. Madam Speaker, I                     enough time to fully investigate and
                                            amended.                                                yield myself such time as I may con-                   bring fraud charges.
                                               The question was taken.                              sume.                                                    As of now, the statute of limitations
                                               The SPEAKER pro tempore. In the                        Madam Speaker, I thank all the                       for nonbank PPP loans secured in April
                                            opinion of the Chair, two-thirds being                  members on the Small Business Com-                     2020 will expire in 2025 in most cases,
                                            in the affirmative, the ayes have it.                   mittee for their work and support of                   less than 3 years away. That is not
                                               Mrs. GREENE of Georgia. Madam                        the bills before us.                                   enough time given the complexity of
                                            Speaker, on that I demand the yeas                        The legislation we are considering is,               these fraud schemes.
                                            and nays.                                               once again, a product of our commit-                     As the chair of the Small Business
                                               The SPEAKER pro tempore. Pursu-                      tee’s bipartisanship and shows that we                 Committee, I take my role over the
                                            ant to section 3(s) of House Resolution                 are committed to our Nation’s entre-                   SBA and its program very seriously.
                                            8, the yeas and nays are ordered.                       preneurs.                                              That is why I sponsored this bill to
                                               Pursuant to clause 8 of rule XX, fur-                  The seven bipartisan bills we are con-               give the DOJ, FBI, and State and local
                                            ther proceedings on this motion are                     sidering will promote economic growth                  law enforcement the resources and
                                            postponed.                                              on our Main Streets in numerous ways.                  time they need to bring these bad ac-
                                                             f                                        The first two reaffirm our commit-                   tors to justice.
                                                                                                    ment to being good stewards of tax-                      Madam Speaker, I thank Ranking
                                            PPP AND BANK FRAUD ENFORCE-
                                                                                                    payer dollars, and the importance of                   Member LUETKEMEYER for joining me
                                              MENT HARMONIZATION ACT OF
                                                                                                    holding pandemic fraudsters account-                   in leading this effort, and to the mem-
                                              2022
                                                                                                    able for their crimes.                                 bers of the Small Business Committee
                                              Ms. VELÁZQUEZ. Madam Speaker, I                        The second pair of bills under consid-               for their support.
                                            move to suspend the rules and pass the                  eration will help small firms attract                    Madam Speaker, I urge my col-
                                            bill (H.R. 7352) to amend the Small                     and retain qualified employees by                      leagues to support this bill, and I re-
                                            Business Act to extend the statute of                   boosting apprenticeships and career                    serve the balance of my time.
                                            limitation for fraud by borrowers under                 and technical education programs.
                                            the Paycheck Protection Program, and                                                                                            b 1545
                                                                                                      Finally, we will consider three bills
                                            for other purposes.                                     to improve the Federal procurement                       Mr. LUETKEMEYER. Madam Speak-
                                              The Clerk read the title of the bill.                 process and promote opportunities for                  er, I yield myself such time as I may
                                              The text of the bill is as follows:                   small businesses to secure contracts                   consume.
                                                                H.R. 7352                           from the Federal Government.                             Madam Speaker, I rise in support of
                                              Be it enacted by the Senate and House of Rep-           The first bill under consideration                   H.R. 7352, the PPP and Bank Fraud En-
                                            resentatives of the United States of America in         today is H.R. 7352, the PPP and Bank                   forcement Harmonization Act of 2022.
                                            Congress assembled,                                     Fraud Enforcement Harmonization Act                      Inflation and price increases con-
                                            SECTION 1. SHORT TITLE.                                                                                        tinue to hinder all Americans and espe-
                                                                                                    of 2022, introduced by myself and our
                                              This Act may be cited as the ‘‘PPP and                                                                       cially small businesses and their work-
                                                                                                    ranking member from Missouri (Mr.
                                            Bank Fraud Enforcement Harmonization Act                                                                       ers. Prices at the pump and prices on
                                            of 2022’’.                                              LUETKEMEYER).
                                                                                                      H.R. 7352 sets the statute of limita-                the shelves rattle the mettle of the Na-
                                            SEC. 2. FRAUD ENFORCEMENT HARMONIZATION.
                                              (a) PAYCHECK PROTECTION PROGRAM.—Sec-                 tions for all cases of PPP fraud at 10                 tion’s job creators. Month after month,
                                            tion 7(a)(36) of the Small Business Act (15             years, consistent with the statute of                  small businesses face price increases
                                            U.S.C. 636(a)(36)) is amended by adding at the          limitations for bank fraud.                            that not only prevent expansion and
                                            end the following new subparagraph:                       Under current law, bank-originated                   growth but also hamper recovery.
                                              ‘‘(W)   FRAUD       ENFORCEMENT     HARMONI-          PPP fraud is being prosecuted as bank                  These economic conditions must im-
                                            ZATION.—Notwithstanding any other provi-                fraud, which has a 10-year statute of                  prove, and we must get a firm grip on
                                            sion of law, any criminal charge or civil en-           limitations.                                           reckless spending coming out of Wash-
                                            forcement action alleging that a borrower                                                                      ington. Similarly, we must take on a
                                                                                                      At the same time, PPP loans origi-
                                            engaged in fraud with respect to a covered
                                            loan guaranteed under this paragraph shall              nated by nonbank lenders, including                    stronger oversight role when it comes
                                            be filed not later than 10 years after the of-          fintech companies, are often pros-                     to investigating fraudulent COVID–19
                                            fense was committed.’’.                                 ecuted as wire fraud, which carries a 5-               behavior.
                                              (b) PAYCHECK PROTECTION PROGRAM SECOND                year statute of limitations.                             When America’s small businesses
                                            DRAW LOANS.—Section 7(a)(37) of the Small                 To address this difference, the bill                 faced State and local COVID shutdown
                                            Business Act (15 U.S.C. 636(a)(37)) is amended          extends the time for prosecutors to                    orders, Congress moved quickly and
                                            by adding at the end the following new sub-             bring charges to 10 years for all cases                stood up the Paycheck Protection Pro-
                                            paragraph:                                                                                                     gram. To ensure small businesses and
                                                                                  HARMONI-
                                                                                                    of PPP fraud, regardless of whether the
                                              ‘‘(P)   FRAUD       ENFORCEMENT
                                            ZATION.—Notwithstanding any other provi-
                                                                                                    lender was a bank or fintech company.                  their workers received PPP relief in an
                                            sion of law, any criminal charge or civil en-             SBA’s Office of Inspector General                    efficient and speedy manner, Congress
                                            forcement action alleging that a borrower               identified over 70,000 PPP loans total-                required private-sector lenders to be
                                            engaged in fraud with respect to a covered              ing over $4.6 billion in potentially                   the drivers of the program. The result
                                            loan guaranteed under this paragraph shall              fraudulent PPP loans, many of which                    speaks volumes with nearly $800 billion
                                            be filed not later than 10 years after the of-          originated with fintechs.                              disbursed to small businesses.
                                            fense was committed.’’.                                   According to researchers at the Uni-                   As the Republican leader on the Com-
                                              The SPEAKER pro tempore. Pursu-                       versity of Texas at Austin, fintech                    mittee on Small Business, I often hear
                                            ant to the rule, the gentlewoman from                   companies handled 75 percent of PPP                    about how important the program was
                                            New York (Ms. VELÁZQUEZ) and the                       loans connected to fraud by the DOJ,                   for small businesses across our great
                                            gentleman from Missouri (Mr. LUETKE-                    despite originating only 15 percent of                 Nation. It was the lifeline that many of
                                            MEYER) each will control 20 minutes.                    the loans overall.                                     them needed to be able to survive.
                                              The Chair recognizes the gentle-                        As of March 10, the DOJ’s efforts                      While most lenders’ fraud defenses
                                            woman from New York.                                    have resulted in criminal charges                      were strong due to Federal financial
                                                             GENERAL LEAVE                          against over a thousand defendants                     rules such as Know Your Customer,
                                              Ms. VELÁZQUEZ. Madam Speaker, I                      with alleged losses exceeding $1.1 bil-                fraudulent behavior did take place. In-
                                            ask unanimous consent that all Mem-                     lion and over 240 civil investigations                 vestigations are underway, but more
                                            bers have 5 legislative days in which to                into more than 1,800 individuals and                   time will be needed and required to




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                                            revise and extend their remarks and in-                 entities for alleged misconduct in con-                bring justice to those who defrauded
                                            clude extraneous material on the meas-                  nection with pandemic relief loans to-                 the program.
                                            ure under consideration.                                taling more than $6 billion.                             Depending on the type of lender that
                                              The SPEAKER pro tempore. Is there                       Given the extent of potential fraud,                 participated in the program, the cur-
                                            objection to the request of the gentle-                 especially among the subset of PPP                     rent statute of limitations ranges from
                                            woman from New York?                                    loans originated by nonbank lenders,                   5 years for wire fraud that categorizes



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                                            H5250                                              CONGRESSIONAL RECORD — HOUSE                                                            June 7, 2022
                                            many fintech lenders, who have been                     Fraud Enforcement Harmonization Act of                   COVID–19 EIDL FRAUD STATUTE
                                            associated with problematic loans, to                   2022’’ extends the statute of limitation and               OF LIMITATIONS ACT OF 2022
                                            10 years for banks and credit unions                    provides a timeframe in which criminal                   Ms. VELÁZQUEZ. Madam Speaker, I
                                            that fall under bank fraud.                             charges can be filed against those accused of          move to suspend the rules and pass the
                                               H.R. 7352, the PPP and Bank Fraud                    fraud in connection with the ‘‘Paycheck Pro-           bill (H.R. 7334) to extend the statute of
                                            Enforcement Harmonization Act of                        tection Program’’ and ‘‘Paycheck Protection            limitations for fraud by borrowers
                                            2022, takes important steps to create                   Program Second Draw Loans’’ program.                   under certain COVID–19 economic in-
                                            an across-the-board 10-year statute of                     The Paycheck Protection Program com-                jury disaster loan programs of the
                                            limitations on all loans handed out                     monly known as the ‘‘PPP’’ loan was created            Small Business Administration, and for
                                            through the PPP program. This change                    as a part of the CARES Act—the Covid Aid,              other purposes.
                                            will ensure all law enforcement and in-                 Relief, and Economic Security Act—of March               The Clerk read the title of the bill.
                                            spectors general have the time to track                 2020.                                                    The text of the bill is as follows:
                                            down all wrongdoing no matter the                          The PPP loan was established to help small                              H.R. 7334
                                            type of lender.                                         businesses survive through the COVID–19                  Be it enacted by the Senate and House of Rep-
                                               H.R. 7352 was created via voice vote                 pandemic of 2020, so that they may be able             resentatives of the United States of America in
                                            in committee. I thank the chair for                     to pay their employees and keep their busi-            Congress assembled,
                                            treating this issue with the priority it                                                                       SECTION 1. SHORT TITLE.
                                                                                                    nesses operating during the tumultuous chal-
                                            deserves and for working with me on                                                                              This Act may be cited as the ‘‘COVID–19
                                                                                                    lenges imposed by COVID–19.                            EIDL Fraud Statute of Limitations Act of
                                            the bills before us today. This bill is a                  I urge everyone to remember the times be-           2022’’.
                                            step in the right direction, and I urge                 fore the recent reemergence of a ‘‘business as         SEC. 2. EXTENSION OF STATUTE OF LIMITATIONS
                                            my colleagues to support it.                            usual’’ stance that many have now taken, and                       FOR CERTAIN COVID–19 ECONOMIC
                                               In closing, Madam Speaker, when                      remember the omnipresent news reports                              INJURY DISASTER LOAN PROGRAMS.
                                            Congress raced to save American small                                                                            (a) CERTAIN ECONOMIC INJURY DISASTER
                                                                                                    about the horrific and ever-increasing death
                                            businesses, criminal actors lurked in                                                                          LOANS.—Section 7(b) of the Small Business
                                                                                                    toll.                                                  Act (15 U.S.C. 636(b)) is amended by inserting
                                            the shadows. Although one of the most                      Any person who was willing, for their own fi-       after paragraph (15) the following new para-
                                            popular COVID–19 relief measures, the                   nancial gain, to take advantage of that situa-         graph:
                                            PPP program, has firmly moved into                      tion and the emergency funding that was in-              ‘‘(16) STATUTE OF LIMITATIONS.—Notwith-
                                            the loan forgiveness period, the inves-                 tended for those who needed it most during             standing any other provision of law, any
                                            tigations surrounding illicit behavior                  the gruesome pandemic deserves to be pun-              criminal charge or civil enforcement action
                                            have just begun.                                        ished for their heinous actions.                       alleging that a borrower engaged in fraud
                                               H.R. 7352 will wisely ensure all loans                                                                      with respect to a loan made under this sub-
                                                                                                       H.R. 7352 would extend the statute of limi-         section in response to COVID–19 during the
                                            handed out through the program, no                      tation for prosecution of loans classified within      covered period (as defined in section 1110(a)
                                            matter the type of lender, have a stat-                 the PPP and Economic Injury Disaster Loan              of the CARES Act) shall be filed not later
                                            ute of limitations window of 10 years.                  (EIDL) categories under the Small Business             than 10 years after the offense was com-
                                               According to some of the most recent                 Act.                                                   mitted.’’.
                                            SBA inspector general reports, nearly                      As it stands now, bank-originated PPP fraud           (b) EIDL ADVANCES.—Section 1110(e) of the
                                            $4.6 billion of the $800 billion could be               is being prosecuted as bank fraud which car-           CARES Act (15 U.S.C. 9009(e)) is amended by
                                            potentially fraudulent. While these                                                                            adding at the end the following new para-
                                                                                                    ries a 10-year statute of limitations.                 graph:
                                            numbers will surely change, it is para-                    In contrast, loans that originated through fi-
                                            mount that we provide law enforce-                                                                               ‘‘(9) STATUTE OF LIMITATIONS.—Notwith-
                                                                                                    nancial technology avenues—known as                    standing any other provision of law, any
                                            ment the runway to track down all                       Fintech—are currently subject to only a 5-year         criminal charge or civil enforcement action
                                            fraudulent behavior. These are Amer-                    statute of limitations because they are gov-           alleging that a borrower engaged in fraud
                                            ican taxpayer dollars on the line, and                  erned by wire fraud laws.                              with respect to the use of an advance re-
                                            they must be protected.                                                                                        ceived under this subsection shall be filed
                                                                                                       H.R. 7352 will ensure that we are doing our
                                               Madam Speaker, I urge my col-                                                                               not later than 10 years after the offense was
                                                                                                    duty to uphold justice and gather all necessary        committed.’’.
                                            leagues to support this legislation, and
                                                                                                    information and evidence, while extending the            (c) TARGETED EIDL ADVANCES.—Section 331
                                            I yield back the balance of my time.
                                                                                                    reach of the law against these violators.              of the Economic Aid to Hard-Hit Small Busi-
                                               Ms. VELÁZQUEZ. Madam Speaker, I
                                                                                                       PPP fraud comes at the expense of all               nesses, Nonprofits, and Venues Act (15 U.S.C.
                                            yield myself the balance of my time.                                                                           9009b) is amended by adding at the end the
                                               Madam Speaker, we must continue                      Americans, tax-paying Americans who work
                                                                                                    hard for the money they earn.                          following new subsection:
                                            supporting the work of our Federal,                                                                              ‘‘(i) STATUTE OF LIMITATIONS.—Notwith-
                                            State, and local law enforcement agen-                     H.R. 7352 will ensure that there’s ample            standing any other provision of law, any
                                            cies as they investigate and prosecute                  time allotted for special attention to the com-        criminal charge or civil enforcement action
                                            pandemic loan fraud. It appears the                     plex nature of PPP loan fraud.                         alleging that a borrower engaged in fraud
                                                                                                       Ensuring that the timeframe is fair and com-        with respect to the use of any amount re-
                                            bulk of PPP loan fraud was originated
                                                                                                    mensurate with the severity of the nature of           ceived pursuant to this section shall be filed
                                            by nonbank lenders and fintech compa-                                                                          not later than 10 years after the offense was
                                            nies, which may not be prosecuted as                    loan fraud, H.R. 7352 will make sure that jus-
                                                                                                                                                           committed.’’.
                                            bank fraud and is therefore subject to a                tice is served in every regard.
                                                                                                       I ask that each of my colleagues joins me             The SPEAKER pro tempore. Pursu-
                                            much shorter statute of limitations.                                                                           ant to the rule, the gentlewoman from
                                               This presents the possibility that                   in support of H.R. 7352.
                                                                                                       The SPEAKER pro tempore. The                        New York (Ms. VELÁZQUEZ) and the
                                            pandemic loan fraudsters may get off                                                                           gentleman from Missouri (Mr. LUETKE-
                                            the hook because the statute of limita-                 question is on the motion offered by
                                                                                                                                                           MEYER) each will control 20 minutes.
                                            tions expired. We simply cannot let                     the gentlewoman from New York (Ms.
                                                                                                                                                             The Chair recognizes the gentle-
                                            this happen. This bill would give law                   VELÁZQUEZ) that the House suspend the                 woman from New York.
                                            enforcement agencies the time needed                    rules and pass the bill, H.R. 7352.
                                                                                                                                                                             GENERAL LEAVE
                                            to hold fraudsters accountable and                         The question was taken.
                                                                                                                                                             Ms. VELÁZQUEZ. Madam Speaker, I
                                            bring them to justice.                                     The SPEAKER pro tempore. In the                     ask unanimous consent that all Mem-
                                               Once again, I thank our ranking                      opinion of the Chair, two-thirds being                 bers may have 5 legislative days in
                                            member, Mr. LUETKEMEYER, for work-                      in the affirmative, the ayes have it.                  which to revise and extend their re-
                                            ing with me to lead this important ef-                     Mrs. GREENE of Georgia. Madam                       marks and include extraneous material
                                            fort, and all the members of the Small                  Speaker, on that I demand the yeas                     on the measure under consideration.
                                            Business Committee for their bipar-                     and nays.                                                The SPEAKER pro tempore. Is there




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                                            tisan work on this bill.                                   The SPEAKER pro tempore. Pursu-                     objection to the request of the gentle-
                                               Madam Speaker, I urge my col-                        ant to section 3(s) of House Resolution                woman from New York?
                                            leagues to vote ‘‘yes,’’ and I yield back               8, the yeas and nays are ordered.                        There was no objection.
                                            the balance of my time.                                    Pursuant to clause 8 of rule XX, fur-                 Ms. VELÁZQUEZ. Madam Speaker, I
                                               Ms. JACKSON LEE. Madam Speaker, I rise               ther proceedings on this motion are                    yield myself such time as I may con-
                                            in support of H.R. 7352—the ‘‘PPP and Bank              postponed.                                             sume.



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