Assisting Small Businesses Not Fraudsters Act
Officially: “Assisting Small Businesses Not Fraudsters Act” Read the full text
What it does
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1Short title
This section would let the Act be called the Assisting Small Businesses Not Fraudsters Act.
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1. Short title This Act may be cited as the Assisting Small Businesses Not Fraudsters Act .
2Assistance prohibited after fraud conviction
This section would add a new rule to the Small Business Act. Once a court finally convicts an associate of a small business of a crime involving financial misconduct or a false statement connected to a covered loan or grant, that associate could not receive any financial assistance from the Small Business Administration, except for financial assistance under section 7(b) of the Small Business Act. A small business that counts a convicted associate among its associates would also become ineligible for any Administration financial assistance, except section 7(b) assistance. An associate means an officer, director, or owner of more than 20 percent of the business's equity, or a key employee of the business; any entity that one or more of those individuals own or control by 20 percent or more; or any other individual or entity that controls the business or that the business controls, though a licensed small business investment company would not count as an associate under this last category. A covered loan or grant means a loan made under paragraph (36) or (37) of section 7(a) of the Small Business Act, a loan made under section 7(b) in response to the COVID-19 pandemic, a grant made under section 5003 of the American Rescue Plan Act of 2021, or a grant made under section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act. A conviction counts as final once the deadline to appeal it has passed without an appeal being filed, or once the appeals process for it has finished. This section would apply the new ineligibility rule only going forward: it would not apply to any contract or other agreement the government entered into before this Act becomes law.
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2. Assistance prohibited after fraud conviction (a) In general Section 16 of the Small Business Act ( 15 U.S.C. 645 ) is amended by adding at the end the following new subsection: (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 financial misconduct or a false statement with respect to a covered loan or grant shall be ineligible to receive any financial assistance 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 Administrator, other than financial assistance under section 7(b). (3) Definitions In this subsection: (A) Associate The term associate means, with respect to a small business concern— (i) an officer, director, or owner of more than 20 percent of the equity of, or a key employee of, such small business concern; (ii) any entity not less than 20 percent owned or controlled 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 defined in section 103(3) of the Small Business Investment 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 section 7; 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 U.S.C. 9009a ). (C) Finally convicted The term finally convicted means, with respect to a person, that such person 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. . (b) Applicability Subsection (h) of section 16 of the Small Business Act ( 15 U.S.C. 645 ), as added by subsection (a) of this Act, shall not apply to any contract or other agreement entered into by the Government prior to the date of the enactment of this Act.
Where it is
In the House.