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Small Business Lending Fraud Prevention Act

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Congressional materials
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Crpt 119Hrpt500
Case
Crpt 119Hrpt500

Summary

House of Representatives Report 119–500 from the Committee on Small Business, submitted by Mr. Williams of Texas on February 20, 2026 to accompany H.R. 7401, the Small Business Lending Fraud Prevention Act, together with minority views. The committee reports the bill favorably without amendment, stating it would require SBA employees involved in originating, reviewing or approving loans to certify that they have no conflicts of interest before handling an SBA loan. The report states that the committee ordered the bill reported on February 11, 2026 by a roll call vote of 24 ayes to 0 nos, and that a cost estimate had been requested but not received from the Congressional Budget Office. It includes a section-by-section summary and the standard House rule statements. The minority views, signed by Ranking Member Nydia M. Velázquez, discuss 18 U.S.C. § 208 and support a certification form.

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                                                                                  119TH CONGRESS                                                                                           REPORT
                                                                                                 " HOUSE OF REPRESENTATIVES                                                        !
                                                                                     2d Session                                                                                            119–500




                                                                                       SMALL BUSINESS LENDING FRAUD PREVENTION ACT


                                                                                  FEBRUARY 20, 2026.—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. 7401]

                                                                                     The Committee on Small Business, to whom was referred the bill
                                                                                  (H.R. 7401) to require employees of the Small Business Administra-
                                                                                  tion to certify that the employee does not have any prohibited con-
                                                                                  flicts of interest with respect to loans in which the employee is in-
                                                                                  volved, and for other purposes, having considered the same, reports
                                                                                  favorably thereon without amendment and recommends 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. 7401 .................................................................                     4
                                                                                    VII. Congressional Budget Office Cost Estimate .............................................                               4
                                                                                   VIII. New Budget Authority, Entitlement Authority, and Tax Expenditures                                                     4
                                                                                     IX. Oversight Findings & Recommendations ..................................................                               4
                                                                                      X. Performance Goals and Objectives ............................................................                         4
                                                                                     XI. Statement of Duplication of Federal Programs ........................................                                 4
                                                                                    XII. Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
                                                                                            Benefits .....................................................................................................     5
                                                                                   XIII. Federal Mandates Statement .....................................................................                      5
                                                                                    XIV. Federal Advisory Committee Statement ...................................................                              5
                                                                                     XV. Applicability to Legislative Branch ...........................................................                       5




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                                                                                    XVI. Statement of Constitutional Authority ......................................................                          5
                                                                                   XVII. Minority Views ............................................................................................           6
                                                                                        69–006




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                                                                                                               I. PURPOSE AND BILL SUMMARY

                                                                                     On February 5, 2026, Rep. Dan Meuser (R–PA) and Rep. Maggie
                                                                                  Goodlander (D–NH), introduced H.R. 7401, the Small Business
                                                                                  Lending Fraud Prevention Act. H.R. 7401 strengthens the U.S.
                                                                                  Small Business Administration’s (SBA) conflict of interest rules by
                                                                                  requiring SBA employees to certify that they do not have a conflict
                                                                                  of interest prior to handling an SBA loan, including loan origina-
                                                                                  tion, review, or approval.
                                                                                                                  II. NEED FOR LEGISLATION

                                                                                     In August 2025, a former SBA employee pled guilty to making
                                                                                  false statements in connection with fraudulent loan applications.
                                                                                  While employed by the SBA in 2021, the employee approved
                                                                                  $550,000 in fraudulent pandemic loans to herself and relatives. The
                                                                                  SBA Office of Inspector General has identified multiple instances
                                                                                  in which SBA employees processed loans to family members or oth-
                                                                                  ers barred under conflict of interest rules.
                                                                                     This bill strengthens SBA’s conflict of interest rules by requiring
                                                                                  SBA employees who process SBA loans to certify, prior to participa-
                                                                                  tion, that they do not have a conflict of interest; that they will im-
                                                                                  mediately disclose and recuse themselves if a conflict is discovered;
                                                                                  and that they understand the rules and regulations regarding con-
                                                                                  flicts of interest.
                                                                                     This quick certification process will act as a safeguard, pre-
                                                                                  venting employees from handling loans when a conflict exists. It
                                                                                  will also provide a clear basis for disciplinary action if employees
                                                                                  make false certifications. Reforming the conflict of interest require-
                                                                                  ments is a necessary step to protect taxpayer dollars and ensure
                                                                                  accountability within the SBA.
                                                                                                                           III. HEARINGS

                                                                                    On September 16, 2025, the Committee on Small Business held
                                                                                  a hearing examining matters related to H.R. 7401 titled ‘‘Pathway
                                                                                  to Capital: The Role of SBA Lending in Supporting Main Street
                                                                                  America.’’
                                                                                                               IV. COMMITTEE CONSIDERATION

                                                                                    The Committee on Small Business met in open session, with a
                                                                                  quorum being present, on February 11, 2026, and ordered H.R.
                                                                                  7401 to be reported favorably to the House of Representatives by
                                                                                  a roll call vote of 24 ayes to 0 nos.
                                                                                                                     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. 7401 to the House of Representatives
                                                                                  at 9:40 a.m.




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                                                                                                                                      4

                                                                                                          VI. SECTION-BY-SECTION OF H.R. 7401

                                                                                  Section 1—Short title
                                                                                    This Act may be cited as the ‘‘Small Business Lending Fraud
                                                                                  Prevention Act.’’
                                                                                  Section 2—Small Business Administration employee conflict of in-
                                                                                      terest certification
                                                                                    This section requires SBA employees who are involved in origi-
                                                                                  nating, reviewing, or approving loans to certify, prior to handling
                                                                                  an SBA loan, that they do not have any conflicts of interest, that
                                                                                  they will inform their supervisor and recuse themselves should any
                                                                                  conflicts arise, and that they understand conflict of interest rules.
                                                                                               VII. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                                                                    Pursuant to 3(c)(3) of rule XIII of the Rules of the House of Rep-
                                                                                  resentatives, the Committee adopts as its own the cost estimate
                                                                                  prepared by the Director of the Congressional Budget Office pursu-
                                                                                  ant to section 402 of the Congressional Budget Act of 1974. At the
                                                                                  time this report was filed, the Committee has requested but not re-
                                                                                  ceived a cost estimate from the Director of the Congressional Budg-
                                                                                  et Office.
                                                                                            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 section 402 of the Congressional Budget Act of 1974, the
                                                                                  Committee does not believe that there will be any new or increased
                                                                                  costs attributable to this legislation.
                                                                                                    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. 7401
                                                                                  are incorporated into the descriptive portions of this report.
                                                                                                       X. PERFORMANCE GOALS AND OBJECTIVES

                                                                                     With respect to the requirements of clause 3(c)(4) of rule XIII of
                                                                                  the Rules of the House of Representatives, the goal of H.R. 7401
                                                                                  is to strengthen the SBA’s conflict of interest rules.
                                                                                             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. 7401 is known to be dupli-




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                                                                                  cative of another Federal program, including any program that was
                                                                                  included in a report to Congress pursuant to section 21 of Public




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                                                                                                                                      5

                                                                                  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 will adopt as its own the estimate of the Federal
                                                                                  mandates prepared by the Director of the Congressional Budget Of-
                                                                                  fice 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.




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                                                                                                                  XVII. MINORITY VIEWS
                                                                                    On August 11, 2025, Rena Barrett, of Covington, Georgia, pled
                                                                                  guilty to making false statements in connection with fraudulent
                                                                                  COVID–19 pandemic loan applications of over $500,000. Ms. Bar-
                                                                                  rett became an employee of the Small Business Administration
                                                                                  (SBA) in October 2020, and in May 2021, she submitted a fraudu-
                                                                                  lent Economic Injury Disaster Loan (EIDL) application for
                                                                                  $170,000. The SBA initially declined the application but in July
                                                                                  2021, Ms. Barrett approved the loan for herself, and other loans
                                                                                  submitted by relatives, receiving nearly half of the $550,000
                                                                                  sought. She resigned from the SBA after the fraud was discovered,
                                                                                  and her case was investigated by the Office of Inspector General
                                                                                  (OIG).1 She was sentenced on February 2, 2026, in the Northern
                                                                                  District of Georgia (NDGA) to 14 months imprisonment, followed
                                                                                  by one (1) year of supervised release. Ms. Barrett was also ordered
                                                                                  to pay a $100 special assessment and make restitution in the
                                                                                  amount of $350,849.
                                                                                    Federal employees are required to abide by 18 U.S.C. § 208, a
                                                                                  Criminal Conflict of Interest Statute, as well as 5 C.F.R. Part 2635,
                                                                                  Standards of Ethical Conduct for Employees of the Executive
                                                                                  Branch. The Criminal Conflict of Interest Statute prohibits federal
                                                                                  employees from participating in government matters in which they
                                                                                  have a financial interest. This requirement extends to their spouse
                                                                                  or minor children, their general partners, or any organization in
                                                                                  which the employee serves as an officer, director, trustee, general
                                                                                  partner, or employee.2 The Standards of Ethical Conduct for Em-
                                                                                  ployees of the Executive Branch applies to all employees in the ex-
                                                                                  ecutive branch to ensure federal employees maintain the public’s
                                                                                  trust by adhering to ethical principles that prevent conflict of inter-
                                                                                  est, improper influence, and abuse of public office.3 Violations may
                                                                                  result in disciplinary action including removal, suspension, or rep-
                                                                                  rimand.4
                                                                                    The process worked well in the instance of Ms. Barrett, however,
                                                                                  a certification form will provide an extra layer of security and help
                                                                                  the SBA to more effectively link an action to an associated fraudu-
                                                                                  lent act.
                                                                                                                           NYDIA M. VELÁZQUEZ,
                                                                                                                                   Ranking Member.

                                                                                                                                      Æ
                                                                                    1 U.S. DEP’T OF JUST., Former Federal Employee and Two Other Women Plead Guilty in Pan-
                                                                                  demic Fraud Cases, U.S. Attorney’s Office for the N.D. Ga. (Aug. 12, 2025), https://
                                                                                  www.justice.gov/usao-ndga/pr/former-federal-employee-and-two-other-women-plead-guilty-
                                                                                  pandemic-fraud-cases.
                                                                                    2 Acts Affecting a personal financial interest 18 U.S.C. § 208 (2025).
                                                                                    3 5 C.F.R. 2635 (2025).
                                                                                    4 5 U.S.C. § 75 (2025).




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