H. Rept. 118–219: No SBA Assistance to Convicted Individuals
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- Crpt 118Hrpt219
Summary
House Report 118-219 from the Committee on Small Business of the 118th Congress, submitted by Mr. Williams of Texas on September 26, 2023, to accompany H.R. 5427, a bill to prohibit individuals convicted of defrauding the Government from receiving any assistance from the Small Business Administration. The report recommends passage without amendment and states that the committee ordered the bill reported on September 14, 2023, with no amendments offered. It cites a June 2023 SBA Office of Inspector General report finding more than $200 billion in potentially fraudulent pandemic loans, and describes the bill as barring anyone finally convicted of COVID-19 assistance fraud from SBA business loans for life. It notes a July 13, 2023 hearing, shows changes to Section 16 of the Small Business Act, and closes with minority views signed by Ranking Member Nydia M. Velázquez.
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118TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
1st Session 118–219
TO PROHIBIT INDIVIDUALS CONVICTED OF DEFRAUDING THE GOVERN-
MENT FROM RECEIVING ANY ASSISTANCE FROM THE SMALL BUSINESS
ADMINISTRATION, AND FOR OTHER PURPOSES
SEPTEMBER 26, 2023.—Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. WILLIAMS of Texas, from the Committee on Small Business,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 5427]
The Committee on Small Business, to whom was referred the bill
(H.R. 5427) to prohibit individuals convicted of defrauding the Gov-
ernment from receiving any assistance from the Small Business
Administration, and for other purposes, having considered the
same, reports favorably thereon without amendment and rec-
ommends that the bill do pass.
CONTENTS
Page
I. Purpose and Bill Summary ........................................................................ 2
II. Need for Legislation .................................................................................... 2
III. Hearings ....................................................................................................... 2
IV. Committee Consideration ........................................................................... 2
V. Committee Votes ......................................................................................... 2
VI. Section-by-Section of H.R. 5427 ................................................................. 5
VII. Congressional Budget Office Cost Estimate ............................................. 5
VIII. New Budget Authority, Entitlement Authority, and Tax Expenditures 5
IX. Oversight Findings & Recommendations .................................................. 5
X. Performance Goals and Objectives ............................................................ 5
XI. Statement of Duplication of Federal Programs ........................................ 6
XII. Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits ..................................................................................................... 6
XIII. Federal Mandates Statement ..................................................................... 6
XIV. Federal Advisory Committee Statement ................................................... 6
XV. Applicability to Legislative Branch ........................................................... 6
XVI. Statement of Constitutional Authority ...................................................... 6
XVII. Changes in Existing Law, Made by the Bill, As Reported ...................... 6
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XVIII. Minority Views ............................................................................................ 11
39–006
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I. PURPOSE AND BILL SUMMARY
On September 13, 2023, Rep. Williams and Rep. Mfume intro-
duced H.R. 5427. The purpose of H.R. 5427 is to prohibit anyone
convicted of defrauding the government during the COVID–19 pan-
demic from ever receiving a loan through the Small Business Ad-
ministration.
II. NEED FOR LEGISLATION
A report released by the U.S. Small Business Administration’s
(SBA) Office of Inspector General (OIG) in June 2023 concluded
that the SBA disbursed more than $200 billion in potentially fraud-
ulent loans in the pandemic relief programs. In order to provide ac-
countability, this legislation will prohibit anyone convicted of de-
frauding the government during the COVID–19 pandemic from
ever getting another SBA loan.
III. HEARINGS
In the 118th Congress, the Committee held one hearing exam-
ining the issues covered in H.R. 5427. On July 13, 2023, the Com-
mittee held a hearing titled ‘‘Reviewing the SBA and OIG Reports
of Fraud in Pandemic Lending Programs.’’ Inspector General Han-
nibal ‘‘Mike’’ Ware testified on the Office of Inspector General find-
ings. Administrator Isabella Guzman was invited to testify but did
not attend.
IV. COMMITTEE CONSIDERATION
The Committee on Small Business met in open session, with a
quorum being present, on September 14, 2023 and ordered H.R.
5427 reported favorably to the House of Representatives. During
the markup no amendments were offered.
V. COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of Representa-
tives requires the Committee to list the recorded votes on the mo-
tion to report legislation and amendments thereto. The Committee
voted to favorably report H.R. 5427 to the House of Representatives
at 11:49 AM.
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VI. SECTION-BY-SECTION OF H.R. 5427
Section 1. Assistance prohibited after fraud conviction
This section debars anyone finally convicted of a crime related to
financial misconduct or making a false statement with regards to
COVID–19 assistance from the federal government from receiving
a business loan from the SBA for the remainder of their lifetime.
Debarment is an action that excludes an individual from future
eligibility for certain government benefits or opportunities.
Finally convicted means that an individual has exhausted all op-
portunities to appeal a conviction or that a conviction can other-
wise no longer be appealed because the time for appealing a convic-
tion has expired.
VII. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
Pursuant to clause 3(d)(1) of House rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of the
Congressional Budget Office pursuant to section 402 of the Con-
gressional Budget Act of 1974. The Committee has requested but
not received from the Director of the Congressional Budget Office
a cost estimate for the Committee’s provisions. Once available, the
cost estimate will be published in the Congressional Record.
VIII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND
TAX EXPENDITURES
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House
of Representatives and section 308(a)(I) of the Congressional Budg-
et Act of 1974, the Committee provides the following opinion and
estimate with respect to new budget authority, entitlement author-
ity, and tax expenditures. While the Committee has not received an
estimate of new budget authority contained in the cost estimate
prepared by the Director of the Congressional Budget Office pursu-
ant to Sec. 402 of the Congressional Budget Act of 1974, the Com-
mittee does not believe that there will be any additional costs at-
tributable to this legislation. H.R. 5427 does not direct new spend-
ing, but instead reallocates funding independently authorized and
appropriated.
IX. OVERSIGHT FINDINGS & RECOMMENDATIONS
In accordance with clause 3(c)(1) of rule XIII and clause 2(b)(1)
of rule X of the Rules of the House of Representatives, the over-
sight findings and recommendations of the Committee on Small
Business with respect to the subject matter contained in H.R. 5427
are incorporated into the descriptive portions of this report.
X. PERFORMANCE GOALS AND OBJECTIVES
With respect to the requirements of clause 3(c)(1) of rule XIII of
the Rules of the House of Representatives, the performance goals
and objectives of H.R. 5427 are to prohibit individuals convicted of
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defrauding the federal government from receiving financial assist-
ance from the SBA.
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6
XI. STATEMENT OF DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House
of Representatives, no provision of H.R. 5427 is known to be dupli-
cative of another Federal program, including any program that was
included in a report to Congress pursuant to section 21 of Public
Law 111–139 or the most recent Catalog of Federal Domestic As-
sistance.
XII. CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND
LIMITED TARIFF BENEFITS
With respect to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee finds that the bill does not con-
tain any congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI of
the Rules of the House of Representatives.
XIII. FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal man-
dates prepared by the Director of the Congressional Budget Office
pursuant to section 423 of the Unfunded Mandates Reform Act.
XIV. FEDERAL ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b) of the
Federal Advisory Committee Act were created by this legislation.
XV. APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to the
terms and conditions of employment or access to public services or
accommodations within the meaning of section 102(b)(3) of the Con-
gressional Accountability Act.
XVI. STATEMENT OF CONSTITUTIONAL AUTHORITY
Pursuant to clause 7 of rule XII of the Rules of the House, the
Committee finds that the authority for this legislation in Art. I, § 8,
cl.1 of the Constitution of the United States.
XVII. CHANGES IN EXISTING LAW, MADE BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be omit-
ted is enclosed in black brackets, new matter is printed in italics,
and existing law in which no change is proposed is shown in
roman):
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the bill,
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as reported, are shown as follows (new matter is printed in italics
and existing law in which no change is proposed is shown in
roman):
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7
SMALL BUSINESS ACT
* * * * * * *
SEC. 16. (a) Whoever makes any statement knowing it to be
false, or whoever willfully overvalues any security, for the purpose
of obtaining for himself or for any applicant any loan, or extension
thereof by renewal, deferment of action, or otherwise, or the accept-
ance, release, or substitution of security therefor, or for the purpose
of influencing in any way the action of the Administration, or for
the purpose of obtaining money, property, or anything of value,
under this Act, shall be punished by a fine of not more than $5,000
or by imprisonment for not more than two years, or both.
(b) Whoever, being connected in any capacity with the Adminis-
tration, (1) embezzles, abstracts, purloins, or willfully misapplies
any moneys, funds, securities, or other things of value, whether be-
longing to it or pledged or otherwise entrusted to it, or (2) with in-
tent to defrand the Administration or any other body politic or cor-
porate, or any individual, or to deceive any officer, auditor, or ex-
aminer of the Administration, makes any false entry in any book,
report, or statement of or to the Administration, or, without being
duly authorized, draws any order or issues, puts forth, or assigns
any note, debenture, bond, or other obligation, or draft, bill of ex-
change, mortgage, judgment, or decree thereof, or (3) with intent
to defraud participates or shares in or receives directly or indirectly
any money, profit, property, or benefit through any transaction,
loan, commission, contract, or any other part of the Administration,
or (4) gives any unauthorized information concerning any future ac-
tion or plan of the Administration which might affect the value of
securities, or, having such knowledge, invests or speculates, di-
rectly or indirectly, in the securities or property of any company or
corporation receiving loans or other assistance from the Adminis-
tration, shall be punished by a fine of not more than $10,000 or by
imprisonment for not more than five years, or both.
(c) Whoever, with intent to defraud, knowingly conceals, removes,
disposes of, or converts to his own use or that of another, any prop-
erty mortgaged or pledged to, or held by, the Administration, shall
be fined not more than $5,000 or imprisoned not more than five
years, or both; but if the value of such property does not exceed
$100, he shall be fined not more than $1,000 or imprisoned not
more than one year, or both.
(d)(1) Whoever misrepresents the status of any concern or person
as a ‘‘small business concern’’, a ‘‘qualified HUBZone small busi-
ness concern’’, a ‘‘small business concern owned and controlled by
service-disabled veterans’’, a ‘‘small business concern owned and
controlled by veterans’’, a ‘‘small business concern owned and con-
trolled by socially and economically disadvantaged individuals’’, or
a ‘‘small business concern owned and controlled by women’’, in
order to obtain for oneself or another any—
(A) prime contract to be awarded pursuant to section 8, 9,
15, 31, 36, or 36A;
(B) subcontract to be awarded pursuant to section 8(a);
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(C) subcontract that is to be included as part or all of a goal
contained in a subcontracting plan required pursuant to sec-
tion 8(d); or
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8
(D) prime or subcontract to be awarded as a result, or in fur-
therance, of any other provision of Federal law that specifically
references section 8(d) for a definition of program eligibility,
shall be subject to the penalties and remedies described in
paragraph (2).
(2) Any person who violates paragraph (1) shall—
(A) be punished by a fine of not more than $500,000 or by
imprisonment for not more than 10 years, or both;
(B) be subject to the administrative remedies prescribed by
the Program Fraud Civil Remedies Act of 1986 (31 U.S.C.
3801–3812);
(C) be subject to suspension and debarment as specified in
subpart 9.4 of title 48, Code of Federal Regulations (or any suc-
cessor regulation); and
(D) be ineligible for participation in any program or activity
conducted under the authority of this Act or the Small Busi-
ness Investment Act of 1958 (15 U.S.C. 661 et seq.) for a period
not to exceed 3 years.
(3) LIMITATION ON LIABILITY.—This subsection shall not
apply to any conduct in violation of subsection (a) if the defend-
ant acted in good faith reliance on a written advisory opinion
from a Small Business Development Center (as defined in this
Act), or an entity participating in the Procurement Technical
Assistance Cooperative Agreement Program defined in chapter
388 of title 10, United States Code; however nothing in this
Act shall obligate either entity to provide such a letter nor
shall the provision of such a letter in any way render the pro-
viding entity liable to the business concern should the Admin-
istrator later determine that the concern is not a small busi-
ness concern. Upon issuance of an advisory opinion under this
paragraph, the entity issuing the advisory opinion shall remit
a copy of the opinion to the General Counsel of the Administra-
tion, who may reject the advisory opinion. If the General Coun-
sel of the Administration rejects the advisory opinion, the Ad-
ministration shall notify the entity issuing the advisory opinion
and the recipient of the opinion, after which time the business
concern may not rely upon the opinion.
(e) Any representation of the status of any concern or person as
a ‘‘small business concern’’, a ‘‘HUBZone small business concern’’,
a ‘‘small business concern owned and controlled by service-disabled
veterans’’, a ‘‘small business concern owned and controlled by vet-
erans’’, a ‘‘small business concern owned and controlled by socially
and economically disadvantaged individuals’’, or a ‘‘small business
concern owned and controlled by women’’ in order to obtain any
prime contract or subcontract enumerated in subsection (d) of this
section shall be in writing.
(f) Whoever falsely certifies past compliance with the require-
ments of section 7(j)(10)(I) of this Act shall be subject to the pen-
alties prescribed in subsection (d).
(g) SUBCONTRACTING LIMITATIONS.—
(1) IN GENERAL.—Whoever violates a requirement estab-
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lished under section 46 shall be subject to the penalties pre-
scribed in subsection (d), except that, for an entity that exceed-
ed a limitation on subcontracting under such section, the fine
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described in subsection (d)(2)(A) shall be treated as the greater
of—
(A) $500,000; or
(B) the dollar amount expended, in excess of permitted
levels, by the entity on subcontractors.
(2) MONITORING.—Not later than 1 year after the date of en-
actment of this subsection, the Administrator shall take such
actions as are necessary to ensure that an existing Federal
subcontracting reporting system is modified to notify the Ad-
ministrator, the appropriate Director of the Office of Small and
Disadvantaged Business Utilization, and the appropriate con-
tracting officer if a requirement established under section 46 is
violated.
(h) FINANCIAL ASSISTANCE PROHIBITION.—
(1) IN GENERAL.—An associate of a small business concern
who is finally convicted of any crime involving or relating to fi-
nancial misconduct or a false statement with respect to a cov-
ered loan or grant shall be ineligible to receive any financial as-
sistance from the Administrator, other than financial assistance
under section 7(b).
(2) BUSINESS CONCERNS.—A small business concern that has
as an associate an individual subject to paragraph (1) shall be
ineligible to receive any financial assistance from the Adminis-
trator, other than financial assistance under section 7(b).
(3) DEFINITIONS.—In this subsection:
(A) ASSOCIATE.—The term ‘‘associate’’ means, with re-
spect to a small business concern—
(i) an officer, director, or owner of more than 20 per-
cent of the equity of, or a key employee of, such small
business concern;
(ii) any entity not less than 20 percent owned or con-
trolled by one or more individuals referred to in clause
(i); and
(iii) any other individual or entity in control of or
controlled by such small business concern, except for a
licensed small business investment company (as de-
fined in section 103(3) of the Small Business Invest-
ment Act of 1958 (15 U.S.C. 662(3)).
(B) COVERED LOAN OR GRANT.—The term ‘‘covered loan or
grant’’ means—
(i) a loan made under—
(I) paragraph (36) or (37) of subsection (a) of sec-
tion 7 of the Small Business Act (15 U.S.C. 636);
or
(II) subsection (b) of such section in response to
the COVID–19 pandemic; or
(ii) a grant made under—
(I) section 5003 of the American Rescue Plan Act
of 2021 (15 U.S.C. 9009c); or
(II) section 324 of the Economic Aid to Hard-Hit
Small Businesses, Nonprofits, and Venues Act (15
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U.S.C. 9009a).
(C) FINALLY CONVICTED.—The term ‘‘finally convicted’’
means, with respect to an individual or entity, that such in-
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10
dividual or entity has been convicted of an offense and such
conviction—
(i) has not been appealed and is no longer appealable
because the time for taking an appeal has expired; or
(ii) has been appealed and the appeals process for
such conviction is completed.
* * * * * * *
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XVIII. MINORITY VIEWS
Over the course of the COVID–19 pandemic, the Small Business
Administration (SBA) disbursed approximately $1.2 trillion of eco-
nomic aid through the Paycheck Protection Program (PPP) ($792
billion), Economic Injury Disaster Loan Program (EIDL) ($405.2
billion), Restaurant Revitalization Fund (RRF) ($28.6 billion), and
the Shuttered Venue Operators Grant Program (SVOG) ($14.6 bil-
lion) to help small businesses adversely impacted by the crisis.
In an effort to disburse PPP and COVID–19 funds swiftly, the
SBA weakened and removed internal controls. The Office of the In-
spector General (OIG) issued a number of reports early on warning
of the importance of strong internal controls to mitigate risk, and
a total of 22 reports to identify weaknesses in SBA’s control envi-
ronment throughout the pandemic. Beginning in early 2021, long-
standing anti-fraud controls were reinstituted, and new safeguards
were put into place by the Biden-Harris Administration to reduce
the potential for fraud.
On June 27, 2023, the OIG issued a white paper to provide a
comprehensive review reporting that SBA disbursed more than
$200 billion in potentially fraudulent COVID–19 EIDLs, EIDL Tar-
geted Advances, Supplemental Targeted Advances, and PPP loans.
SBA also issued a report, entitled ‘‘Protecting the Integrity of the
Pandemic Relief Programs,’’ which estimates that $36 billion of the
$1.2 trillion in pandemic relief emergency funds was obtained
fraudulently. Moreover, the agency asserts that 86% of the likely
fraud originated in the first nine months of the pandemic, under
the Trump Administration. As of August 15, 2023, there have been
1,081 indictments. 884 arrests, 574 convictions related to PPP or
EIDL, and 579 ongoing investigations.
The bill is aligned with recent actions taken by the Biden Admin-
istration to ensure that SBA loans are not approved for those who
defrauded the government during the pandemic or any other time.
Beginning on August 1, 2023, SBA began proactively screening for
prior government loss and connection to fraud for all business
loans. This screening includes utilizing the Treasury Do Not Pay
system (DNP). The DNP includes a dataset called CAIVRS, which
indicates whether an individual or entity has a delinquent federal
debt. The screening also includes a check across SBA’s internal
databases for any business connected to pandemic program fraud
(e.g., PPP). If a borrower is flagged through these checks, they have
an opportunity to clear the hold by resolving the issue, dem-
onstrating that it does not apply, or proving it incorrect. SBA does
not move forward with an applicant’s loan unless the hold is
cleared.
Given that the SBA already has protocols in place to prevent
fraud, Committee Democrats believe the single most important ac-
tion Congress can take to support the OIG in their efforts to com-
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(11)
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bat fraud is to advocate for their Fiscal Year 2024 (FY 2024) budg-
et request. The Administration’s FY 2024 budget plan proposed
$47.704 million of discretionary funding, plus a $1.6 million trans-
fer from SBA’s Disaster Loans Program, and an additional $14 mil-
lion transfer to OIG from a mandatory funding source. The pro-
posed mandatory funding source for the $14 million transfer is no
longer available following enactment of the Fiscal Responsibility
Act of 2023 (P.L. 118–5), which rescinded the unobligated balances
in the SBA Disaster Loan Program account.
The OIG budget request would enable OIG to build on its exist-
ing oversight capacity as COVID EIDL loans enter into repayment
with additional criminal investigators, data scientists, auditors,
and professional staff. These investments in data analytics capa-
bilities, auditors, and investigative coverage will enable OIG to
analyze more data, conduct more audits and reviews, and inves-
tigate more cases, promoting public trust and integrity within
SBA’s programs and operations.
Unfortunately, the House FSGG appropriations bill provides
$32.02 million, which would cripple the OIG, providing budget au-
thority for approximately 130 positions, and bringing operations
back to pre-pandemic levels. The Administration’s FY 2024 budget
provides the necessary funding to enable the OIG to sustain exist-
ing oversight capacity and invest in additional necessary staffing.
Absent the total budgetary resources requested in the FY 2024
budget, the OIG will not have sufficient funding to combat fraud
within SBA programs or to provide effective oversight over the
agency’s programs. Critically, OIG will not have a sufficient oper-
ating budget to capitalize on the new laws (P.L. 117–165 and P.L.
117–166), which extended the statute of limitations for fraud in the
PPP and EIDL programs to 10 years.
Sincerely,
NYDIA M. VELÁZQUEZ,
Ranking Member.
Æ
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