COVID–19 EIDL Fraud Statute of Limitations Act of 2022 — Congressional Record, House, June 7, 2022 (H5250)

Summary

Congressional Record, House, pages H5250 and H5251, dated June 7, 2022. Velázquez moves to suspend the rules and pass the bill H.R. 7334, the COVID–19 EIDL Fraud Statute of Limitations Act of 2022, and the page prints its text, which provides that criminal charges or civil enforcement actions alleging borrower fraud under certain COVID–19 economic injury disaster loan programs be filed not later than 10 years after the offense was committed. Members speak in support of that bill and of the PPP and Bank Fraud Enforcement Harmonization Act of 2022 and the HUBZone Price Evaluation Preference Clarification Act of 2021. On the motions the Chair states that two-thirds being in the affirmative the ayes have it, and Greene of Georgia demands the yeas and nays.

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“COVID–19 EIDL Fraud Statute of Limitations Act of 2022 — Congressional Record, House, June 7, 2022 (H5250).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-06-07-crec-2022-06-07-pt1-pgh5250-5eaa527207/, SHA-256 54b6607be284180320b07e00104d325598086527bdb0ea4913c33c9d83b57423.

Full text

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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June 7, 2022 CONGRESSIONAL RECORD — HOUSE H5251
Madam Speaker, I rise in support of Madam Speaker, I rise in support of With this massive level of potential
H.R. 7334, the COVID–19 EIDL Fraud H.R. 7334, the COVID–19 EIDL Fraud fraud, it is imperative that this House
Statute of Limitations Act of 2022, in- Statute of Limitations Act of 2022. passes Ranking Member LUETKE-
troduced by the ranking member, Mr. Similar to the previous bill, the Pay- MEYER’s bill to extend the current 5-
LUETKEMEYER, and cosponsored by my- check Protection Program, the Small year statute of limitations for SBA
self. Business Administration’s Economic grants and loans to 10 years. In doing
As with the PPP and Bank Fraud En- Injury Disaster Loan program, known so we can allow for authorities to in-
forcement Harmonization Act, this bill as EIDL, was also activated as the Na- vestigate the egregious amount of po-
will extend the statute of limitations tion’s small businesses were being shut tential fraud in the EIDL program and
for COVID–19 EIDL fraud cases to 10 down due to COVID–19. However, un- ensure accountability for those who
years to allow prosecutors more time like PPP, EIDL was a direct loan and took advantage of the EIDL program
to do their jobs. The bills are com- grant program through the SBA. Un- to defraud the American people.
panion pieces of legislation and much- fortunately, the SBA acting as a direct Madam Speaker, I note that this bill
needed to help law enforcement inves- lender and grantor has been problem- had strong bipartisan support and
tigate and bring fraud charges. atic and has resulted in billions of po- passed out of the Small Business Com-
Congress amended the SBA disaster tentially fraudulent dollars flowing to mittee by voice vote last month. I urge
loan program at the start of the pan- criminals. my colleagues to support this impor-
demic to allow small businesses facing In fact, the SBA’s inspector general tant legislation.
economic injury due to COVID to apply has reported that as much as $84.4 bil- Ms. VELÁZQUEZ. Madam Speaker, I
for SBA disaster loans which were lion within the $400 billion program continue to reserve the balance of my
originally designed for natural disas- could be fraudulent. Moreover, over 1 time.
ters. At the same time, SBA lowered million applications have been flagged Mr. LUETKEMEYER. Madam Speak-
the guardrails and disbursed funds for identity theft concerns. This is un- er, I yield such time as she may con-
quickly to provide stability to the acceptable and must be addressed. sume to the gentlewoman from New
small business economy, which, as we H.R. 7334, the COVID–19 EIDL Fraud York (Ms. TENNEY), who is the ranking
all know, was facing unprecedented un- Statute of Limitations Act of 2022 member of the Subcommittee on Un-
certainty in 2020. takes the first step and establishes a derserved, Agricultural, and Rural
In a very short time, the program 10-year statute of limitations window Business Development.
went from one that responds to natural to ensure law enforcement and the b 1600
disasters in a few, distinct geographic SBA’s inspector general have the time Ms. TENNEY. Madam Speaker, since
areas, depending on the nature of the to investigate all wrongdoing. This the onset of the pandemic, Congress
disaster, to one that was responding to change is even more important as the has passed several COVID–19 relief bills
a nationwide crisis almost overnight. SBA continues to defer all EIDL pay- totaling an unprecedented $5.3 trillion.
Overall, the COVID EIDL program ap- ments, thus clouding the true extent of While some of this spending was un-
proved almost 4 million loans totaling fraud within the program. wise, other programs, like the Pay-
over $378 billion. Madam Speaker, I thank the chair check Protection Program, provided
The SBA administrator transitioned for working with me on this measure much-needed relief to employers and
the program to the Office of Capital which passed out of committee unani- businesses devastated by the pandemic.
Access to dedicate additional manage- mously earlier in May. One particular area of concern is the
ment capacity. Since that transition, If we are to take COVID relief fraud COVID–19 Economic Industry Disaster
the office closed out a backlog of near- seriously, then we need to ensure law Loan program, otherwise known as
ly 1 million applicants and increased enforcement has what it needs to catch EIDL. This program, unlike other re-
loan officer productivity while improv- and prosecute all criminals. H.R. 7334 lief programs, was direct lending by
ing the customer service experience provides them the time to act. the SBA, the Small Business Adminis-
and solidifying robust fraud controls. Madam Speaker, I wholeheartedly tration. This means the agency did not
Nevertheless, throughout the pan- believe this bill is instrumental when partner with our local banks and credit
demic, our committee held numerous it comes to fraud recoupment. I urge unions and, instead, approved and ad-
oversight hearings with SBA’s inspec- my colleagues to support it, and I re- ministered these loans directly.
tor general who testified that there is serve the balance of my time. Since the COVID–19 EIDL funding
a great deal of potential fraud in this Ms. VELÁZQUEZ. Madam Speaker, I passed, we have learned of countless
program, and it would be a decades- continue to reserve the balance of my cases of fraud, waste, and abuse. The
long effort to fully investigate. time. Federal Government is simply not set
The IG’s office identified $78 billion Mr. LUETKEMEYER. Madam Speak- up to be a direct lender.
in potentially fraudulent activity in er, I yield such time as he may con- This is one reason I introduced the
the EIDL program as well as over $6 sume to the gentleman from Pennsyl- House version of the Transparency in
billion in loans and grants related to vania (Mr. MEUSER), who is the ranking COVID–19 Expenditures Act, which
identity theft allegations. Given the member of the Subcommittee on Eco- would require an audit of all Federal
degree of potential fraud, we need to nomic Growth, Tax and Capital Access. COVID–19 relief spending. There is ob-
give prosecutors more time to bring Mr. MEUSER. Madam Speaker, I viously room for improvement in pro-
fraudsters to justice. This bill will give thank the ranking member, Mr. viding additional oversight and return-
law enforcement the time needed to LUETKEMEYER, for his leadership on ing fraudulently awarded funds back to
conduct their investigations of COVID this bill and in committee. the taxpayers.
EIDL fraud. The EIDL program, Madam Speaker, In response, Ranking Member
That is why I cosponsored this bill was established to deliver relief to LUETKEMEYER has done great work in-
which will go a long way towards en- struggling small businesses during the troducing the COVID–19 Economic In-
hancing oversight and accountability. pandemic. This is why I rise today in dustry Disaster Loans Fraud Statute of
Madam Speaker, I thank the ranking support of H.R. 7334. Limitations Act of 2022 that will help
member, Mr. LUETKEMEYER, for intro- Unlike the public-private partnership fix part of the shortcomings by expand-
ducing this important measure, and to that was Paycheck Protection Pro- ing the statute of limitations for EIDL
the members of the Small Business gram, the EIDL program was a direct loans and fraud from 6 to 10 years, the
Committee for unanimously approving loan program administered by the same as bank fraud. This will give offi-
this important piece of legislation. SBA, not in partnership with private cials a greater window to track down

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I urge all Members to support this lenders. fraudulent activity and hold bad actors
bill, and I reserve the balance of my The SBA’s inspector general has esti- accountable.
time. mated that there is approximately $84.4 No one should be wrongly profiting
Mr. LUETKEMEYER. Madam Speak- billion in potential fraudulent EIDL from the need to distribute aid during
er, I yield myself such time as I may activity, over 20 percent of all EIDL this pandemic. The American tax-
consume. loans extended. payers deserve better, and I applaud

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H5252 CONGRESSIONAL RECORD — HOUSE June 7, 2022
the ranking member’s efforts on this. I The SPEAKER pro tempore. Pursu- opportunities. By ensuring that small
urge all my colleagues to support this. ant to section 3(s) of House Resolution businesses in disadvantaged commu-
Ms. VELÁZQUEZ. Madam Speaker, I 8, the yeas and nays are ordered. nities participate in the Federal mar-
have no further speakers, and I am pre- Pursuant to clause 8 of rule XX, fur- ketplace, it, in turn, boosts job cre-
pared to close. I reserve the balance of ther proceedings on this motion are ation and economic growth.
my time. postponed. One of the main incentives of the
Mr. LUETKEMEYER. Madam Speak- f HUBZone program is the price evalua-
er, I have no further speakers, and I am tion preference. This tool gives a slight
prepared to close. I yield myself such HUBZONE PRICE EVALUATION
competitive advantage to HUBZone
time as I may consume. PREFERENCE CLARIFICATION
firms competing against large compa-
Madam Speaker, fraud associated ACT OF 2021
nies. In doing so, it meets the objec-
with the EIDL program is a serious Ms. VELÁZQUEZ. Madam Speaker, I tives of the program because every con-
matter. Due to mismanagement and move to suspend the rules and pass the tract awarded to a qualified HUBZone
poor oversight capabilities, the EIDL bill (H.R. 5879) to amend the Small firm is an opportunity for developing
program has been overwhelmed with Business Act to clarify the application and uplifting America’s most dis-
fraud. of the price evaluation preference for tressed communities.
As I mentioned earlier, the SBA’s in- qualified HUBZone small business con- Unfortunately, this tool is not being
spector general has found more than cerns to certain contracts, and for used as often as it should be due to
$80 billion within the $400 billion pro- other purposes. agencies misinterpreting that it does
gram that could potentially be fraudu- The Clerk read the title of the bill. not apply to orders. There is nothing in
lent. This represents a double-digit The text of the bill is as follows: the Small Business Act that excludes
fraud rate. H.R. 5879 the price evaluation preference from
However, recouping these dollars has Be it enacted by the Senate and House of Rep- being used at the ordering level, and it
just begun and the current statute of resentatives of the United States of America in is our intention that it be used at that
limitations is limited. My bill, H.R. Congress assembled, level.
7334, will ensure the statute of limita- SECTION 1. SHORT TITLE.
Given the prevalence of government-
tions runway is recalibrated and ex- This Act may be cited as the ‘‘Hubzone wide and agency-wide vehicles, it is
tended out to 10 years. By passing this Price Evaluation Preference Clarification
Act of 2021’’.
now necessary to state in clear and un-
bill, Congress will allow the time need- equivocal terms that the price evalua-
ed to correct all wrongdoing within the SEC. 2. APPLICATION OF PRICE EVALUATION
PREFERENCE FOR QUALIFIED tion preference does apply to orders.
program. HUBZONE SMALL BUSINESS CON- This is precisely the goal of H.R. 5879.
I urge my colleagues to support H.R. CERNS TO CERTAIN CONTRACTS. With this clarification, this legislation
7334, and I yield back the balance of my (a) IN GENERAL.—Section 31(c)(3) of the incentivizes the use of this important
time. Small Business Act (15 U.S.C. 657a(c)(3)) is tool so that one day we can finally
Ms. VELÁZQUEZ. Madam Speaker, I amended by adding at the end the following
new subparagraph:
meet the 3 percent HUBZone con-
yield myself such time as I may con- tracting goal and, ultimately, bring
sume. ‘‘(E) APPLICATION TO CERTAIN CONTRACTS.—
The requirements of subparagraph (A) shall economic development to those com-
Madam Speaker, our Federal, State, munities that need it the most.
apply to an unrestricted order issued under
and local law enforcement agencies are an unrestricted multiple award contract or I thank Representatives NEWMAN and
diligently investigating and pros- the unrestricted portion of a contract that is SALAZAR for leading this effort, which
ecuting pandemic loan fraud, and we partially set aside for competition restricted will bolster the HUBZone program.
must continue to support those efforts, to small business concerns.’’.
(b) RULEMAKING.—Not later than 90 days
Madam Speaker, I urge Members to
whether in the COVID EIDL program
after the date of the enactment of this sec- support this legislation, and I reserve
or the Paycheck Protection Program.
tion, the Administrator of the Small Busi- the balance of my time.
We all agree that anyone who took
ness Administration shall revise any rule or Mr. LUETKEMEYER. Madam Speak-
advantage of this once-in-a-lifetime
guidance to implement the requirements of er, I ask unanimous consent that the
crisis to commit fraud and enrich this section. gentleman from Texas (Mr. WILLIAMS)
themselves at the expense of hard-
The SPEAKER pro tempore. Pursu- be allowed to manage the remainder of
working Main Street businesses must
ant to the rule, the gentlewoman from the time for the minority.
be held accountable.
It is unacceptable to allow anyone to New York (Ms. VELÁZQUEZ) and the The SPEAKER pro tempore. Is there
get off the hook for defrauding a gov- gentleman from Missouri (Mr. LUETKE- objection to the request of the gen-
MEYER) each will control 20 minutes. tleman from Missouri?
ernment relief program simply because
the statute of limitations expired. We The Chair recognizes the gentle- There was no objection.
cannot let this happen, and we must woman from New York. Mr. WILLIAMS of Texas. Madam
pass this bill. GENERAL LEAVE Speaker, I yield myself such time as I
Once again, I thank our Ranking Ms. VELÁZQUEZ. Madam Speaker, I may consume, and I rise in support of
Member, Mr. LUETKEMEYER, for intro- ask unanimous consent that all Mem- H.R. 5879, the HUBZone Price Evalua-
ducing this important measure, and I bers may have 5 legislative days in tion Preference Clarification Act of
am pleased to support it. which to revise and extend their re- 2021.
I also thank all the members of the marks and include extraneous material The SBA’s contracting programs de-
Small Business Committee for their bi- on the measure under consideration. liver for this Nation’s smallest busi-
partisan work on this bill, and I urge The SPEAKER pro tempore. Is there nesses and the country’s smallest con-
my colleagues to vote ‘‘yes.’’ objection to the request of the gentle- tractors. Unfortunately, consolidation
Madam Speaker, I yield back the bal- woman from New York? with all of the Federal Government’s
ance of my time. There was no objection. contracting programs continues to be
The SPEAKER pro tempore. The Ms. VELÁZQUEZ. Madam Speaker, I problematic. Our committee has exam-
question is on the motion offered by yield myself such time as I may con- ined many of these programs and has
the gentlewoman from New York (Ms. sume. offered solutions that would deliver
VELÁZQUEZ) that the House suspend the Madam Speaker, I rise today in sup- change.
rules and pass the bill, H.R. 7334. port of H.R. 5879, the HUBZone Price H.R. 5879 takes important steps with-
The question was taken. Evaluation Preference Clarification in the HUBZone program and ensures

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The SPEAKER pro tempore. In the Act of 2021. that the 10 percent price preference is
opinion of the Chair, two-thirds being The HUBZone program is a con- available on all task orders within
in the affirmative, the ayes have it. tracting assistance program based on large multiple award contracts.
Mrs. GREENE of Georgia. Madam locality. It helps small businesses in I thank the gentlewoman from Illi-
Speaker, on that I demand the yeas urban and rural communities gain pref- nois (Ms. NEWMAN) and the gentle-
and nays. erential access to Federal procurement woman from Florida (Ms. SALAZAR),

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