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Congressional Daily Record
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Issued
April 29, 2026
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Download official Senate Record PDFReturn to issue contextThe Senate proceeded to consider the bill (S. 1199) to extend the statute of limitations for fraud under certain pandemic programs, and for other purposes, which had been reported from the Committee on Small Business and Entrepreneurship with an amendment to strike all after the enacting clause and insert the part printed in italic, as follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the “SBA Fraud Enforcement
Extension Act”.
SEC. 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.”.
The amendment (No. 5440) in the nature of a substitute was considered as follows:
(Purpose: In the nature of a substitute)
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the “SBA Fraud Enforcement
Extension Act”.
SEC. 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 for shuttered venue operators 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 restaurant revitalization grant under this
section shall be filed not later than 10 years after the date
of the violation or conspiracy.”.
The amendment (No. 5441), to amendment No. 5440, was considered and agreed to as follows:
(Purpose: To require a report on Department of Justice activity
relating to certain programs)
At the appropriate place, insert the following:
(c) Requirement.—Not later than 90 days after the date of
enactment of this Act, and every 90 days thereafter until the
date that is 5 years after the date of enactment of this Act,
the Attorney General shall submit to Congress a report on
activities of the Department of Justice relating to the
shuttered venue operators program under section 324 of
division N of the Consolidated Appropriations Act, 2021 (15
U.S.C. 9009a) and the restaurant revitalization program under
section 5003 of the American Rescue Plan Act of 2021 (15
U.S.C. 9009c), which shall include—
(1) the total number of investigations initiated, the total
number of prosecutions initiated, the total dollar amount
recovered by prosecutions, and the total number of referrals
and source of such referrals; and
(2) with respect to such programs—
(A) the number of investigations initiated, the number of
prosecutions initiated, and the disposition of each
prosecution;
(B) the number of prosecutions and the number of
investigations of applicants of such programs in each State
and territory based on the address listed on the application
of the entity that is the subject of an investigation or
prosecution;
(C) the number of referrals—
(i) from the Department of Justice; and
(ii) from sources other than the Department of Justice,
such as the Inspector General of another agency; and
(D) the disposition of each referral described in
subparagraph (C), specifically whether the referral resulted
in prosecution or declination.
The amendment (No. 5440), in the nature of a substitute, as amended, was agreed to.
The bill (S. 1199), as amended, was ordered to be engrossed for a third reading, was read the third time, and passed, as follows:
S. 1199
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “SBA Fraud Enforcement
Extension Act”.
SEC. 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 for shuttered venue operators 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 restaurant revitalization grant under this
section shall be filed not later than 10 years after the date
of the violation or conspiracy.”.
(c) Requirement.—Not later than 90 days after the date of
enactment of this Act, and every 90 days thereafter until the
date that is 5 years after the date of enactment of this Act,
the Attorney General shall submit to Congress a report on
activities of the Department of Justice relating to the
shuttered venue operators program under section 324 of
division N of the Consolidated Appropriations Act, 2021 (15
U.S.C. 9009a) and the restaurant revitalization program under
section 5003 of the American Rescue Plan Act of 2021 (15
U.S.C. 9009c), which shall include—
(1) the total number of investigations initiated, the total
number of prosecutions initiated, the total dollar amount
recovered by prosecutions, and the total number of referrals
and source of such referrals; and
(2) with respect to such programs—
(A) the number of investigations initiated, the number of
prosecutions initiated, and the disposition of each
prosecution;
(B) the number of prosecutions and the number of
investigations of applicants of such programs in each State
and territory based on the address listed on the application
of the entity that is the subject of an investigation or
prosecution;
(C) the number of referrals—
(i) from the Department of Justice; and
(ii) from sources other than the Department of Justice,
such as the Inspector General of another agency; and
(D) the disposition of each referral described in
subparagraph (C), specifically whether the referral resulted
in prosecution or declination.