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Pub. L. 117–165, COVID-19 EIDL Fraud Statute of Limitations

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Plaw Plaw 117Publ165 Plaw 117Publ165
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Plaw Plaw 117Publ165 Plaw 117Publ165

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                                                                                        PUBLIC LAW 117–165—AUG. 5, 2022                                             136 STAT. 1363




                                                                    Public Law 117–165
                                                                    117th Congress
                                                                                                                 An Act
                                                                    To extend the statute of limitations for fraud by borrowers under certain COVID–
                                                                                                                                                                             Aug. 5, 2022
                                                                      19 economic injury disaster loan programs of the Small Business Administration,
                                                                      and for other purposes.                                                                                [H.R. 7334]

                                                                        Be it enacted by the Senate and House of Representatives of
                                                                    the United States of America in Congress assembled,                                                   COVID–19 EIDL
                                                                                                                                                                          Fraud Statute of
                                                                    SECTION 1. SHORT TITLE.                                                                               Limitations Act
                                                                                                                                                                          of 2022.
                                                                         This Act may be cited as the ‘‘COVID–19 EIDL Fraud Statute                                       15 USC 9001
                                                                    of Limitations Act of 2022’’.                                                                         note.
                                                                    SEC. 2. EXTENSION OF STATUTE OF LIMITATIONS FOR CERTAIN                                               Deadlines.
                                                                             COVID–19 ECONOMIC INJURY DISASTER LOAN PROGRAMS.
                                                                         (a) CERTAIN ECONOMIC INJURY DISASTER LOANS.—Section 7(b)
                                                                    of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting
                                                                    after paragraph (15) the following new paragraph:
                                                                               ‘‘(16) STATUTE OF LIMITATIONS.—Notwithstanding any other
                                                                         provision of law, any criminal charge or civil enforcement action
                                                                         alleging that a borrower engaged in fraud with respect to
                                                                         a loan made under this subsection in response to COVID–
                                                                         19 during the covered period (as defined in section 1110(a)
                                                                         of the CARES Act) shall be filed not later than 10 years
                                                                         after the offense was committed.’’.
                                                                         (b) EIDL ADVANCES.—Section 1110(e) of the CARES Act (15
                                                                    U.S.C. 9009(e)) is amended by adding at the end the following
                                                                    new paragraph:
                                                                               ‘‘(9) STATUTE OF LIMITATIONS.—Notwithstanding any other
                                                                         provision of law, any criminal charge or civil enforcement action
                                                                         alleging that a borrower engaged in fraud with respect to
                                                                         the use of an advance received under this subsection shall
                                                                         be filed not later than 10 years after the offense was com-
                                                                         mitted.’’.
                                                                         (c) TARGETED EIDL ADVANCES.—Section 331 of the Economic
                                                                    Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act
                                                                    (15 U.S.C. 9009b) is amended by adding at the end the following
                                                                    new subsection:
                                                                         ‘‘(i) STATUTE OF LIMITATIONS.—Notwithstanding any other
                                                                    provision of law, any criminal charge or civil enforcement action
                                                                    alleging that a borrower engaged in fraud with respect to the




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                                                                    136 STAT. 1364                             PUBLIC LAW 117–165—AUG. 5, 2022

                                                                                            use of any amount received pursuant to this section shall be filed
                                                                                            not later than 10 years after the offense was committed.’’.

                                                                                                  Approved August 5, 2022.




                                                                                            LEGISLATIVE HISTORY—H.R. 7334:
                                                                                            HOUSE REPORTS: No. 117–327 (Comm. on Small Business).
                                                                                            CONGRESSIONAL RECORD, Vol. 168 (2022):
                                                                                                 June 7, 8, considered and passed House.
                                                                                                 July 28, considered and passed Senate.
                                                                                            DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2022):
                                                                                                 Aug. 5, Presidential remarks.




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