SBA Fraud Enforcement Extension Act (S 1199)

119 S1199 RS: SBA Fraud Enforcement Extension Act U.S. Senate 2025-07-30 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 134 119th CONGRESS 1st Session S. 1199 IN THE SENATE OF THE UNITED STATES March 27, 2025 Ms. Ernst introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship July 30, 2025 Reported by Ms. Ernst , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To extend the statute of limitations for fraud under certain pandemic programs, and for other purposes. 1. Short title This Act may be cited as the SBA Fraud Enforcement Extension Act . 2. Statute of limitations for certain programs (a) Shuttered venue operators Section 324 of division N of the Consolidated Appropriations Act, 2021 ( 15 U.S.C. 9009a ) is amended by adding at the end the following: (g) Statute of limitations Notwithstanding any other provision of law, any criminal prosecution or civil enforcement action for a violation of, or conspiracy to violate, section 371, 641, 1028A, 1029, 1341, 1343, 1344, 1349, 1956, or 1957 of title 18, United States Code, or section 3729 or 3801 of title 31, United States Code, with respect to any grant for shuttered venue operators received under this section shall be brought not later than 10 years after the date of the violation or conspiracy. . (b) Restaurant revitalization Section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ) is amended by adding at the end the following: (d) Statute of limitations Notwithstanding any other provision of law, any criminal prosecution or civil enforcement action for a violation of, or conspiracy to violate, section 371, 641, 1028A, 1029, 1341, 1343, 1344, 1349, 1956, or 1957 of title 18, United States Code, or section 3729 or 3801 of title 31, United States Code, with respect to any restaurant revitalization grant received under this section shall be brought not later than 10 years after the date of the violation or conspiracy. . 1. Short title This Act may be cited as the SBA Fraud Enforcement Extension Act . 2. Statute of limitations for certain programs (a) Shuttered venue operators Section 324 of division N of the Consolidated Appropriations Act, 2021 ( 15 U.S.C. 9009a ) is amended by adding at the end the following: (g) Statute of limitations Notwithstanding any other provision of law, any criminal prosecution or civil enforcement action for a violation of, or conspiracy to violate, section 371, 641, 1001, 1028A, 1029, 1341, 1343, 1349, 1956, or 1957 of title 18, United States Code, or section 3729 or 3802 of title 31, United States Code, with respect to any grant received or applied for under this section shall be filed not later than 10 years after the date of the violation or conspiracy. . (b) Restaurant revitalization Section 5003 of the American Rescue Plan Act of 2021 ( 15 U.S.C. 9009c ) is amended by adding at the end the following: (d) Statute of limitations Notwithstanding any other provision of law, any criminal prosecution or civil enforcement action for a violation of, or conspiracy to violate, section 371, 641, 1001, 1028A, 1029, 1341, 1343, 1349, 1956, or 1957 of title 18, United States Code, or section 3729 or 3802 of title 31, United States Code, with respect to any grant received or applied for under this section shall be filed not later than 10 years after the date of the violation or conspiracy. . (c) Certain Economic Injury Disaster Loans Section 7 of the Small Business Act ( 15 U.S.C. 636 ) is amended— (1) by redesignating the matter appearing between paragraphs (12)(A) and (13) of subsection (a) and designated as subsection (b) (relating to deferred participation in loans) as subparagraph (B) and adjusting the margins 2 ems to the right; and (2) in the second subsection (b), relating to disaster loans— (A) by inserting after (b) the following: Federal disaster loans .— ; and (B) by striking the second paragraph (16), relating to the statute of limitations, and inserting the following: (17) Statute of Limitations Notwithstanding any other provision of law, any criminal prosecution or civil enforcement action for a violation of, or conspiracy to violate, section 371, 641, 1001, 1028A, 1029, 1341, 1343, 1349, 1956, or 1957 of title 18, United States Code, or section 3729 or 3802 of title 31, United States Code, in which 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 ( 15 U.S.C. 9009(a) )) shall be filed not later than 10 years after the date of the violation or conspiracy. . (d) Paycheck Protection Program Section 7(a)(36) of the Small Business Act ( 15 U.S.C. 636(a)(36) ) is amended by striking subparagraph (W) and inserting the following: (W) Statute of Limitations Notwithstanding any other provision of law, any criminal prosecution or civil enforcement action for a violation of, or conspiracy to violate, section 371, 641, 1001, 1028A, 1029, 1341, 1343, 1349, 1956, or 1957 of title 18, United States Code, or section 3729 or 3802 of title 31, United States Code, in which a borrower engaged in fraud with respect to a covered loan guaranteed under this paragraph shall be filed not later than 10 years after the offense was committed. . (e) Paycheck Protection Program Second Draw Loans Section 7(a)(37) of the Small Business Act ( 15 U.S.C. 636(a)(37) ) is amended by striking subparagraph (P) and inserting the following: (P) Statute of Limitations Notwithstanding any other provision of law, any criminal prosecution or civil enforcement action for a violation of, or conspiracy to violate, section 371, 641, 1001, 1028A, 1029, 1341, 1343, 1349, 1956, or 1957 of title 18, United States Code, or section 3729 or 3802 of title 31, United States Code, in which a borrower engaged in fraud with respect to a covered loan guaranteed under this paragraph shall be filed not later than 10 years after the offense was committed. . July 30, 2025 Reported with an amendment