HR4495-119

What This Bill Does

The SBA Fraud Enforcement Extension Act amends two COVID-era relief programs. For Shuttered Venue Operators Grants under section 324 of division N of the Consolidated Appropriations Act, 2021, it provides that any criminal prosecution or civil enforcement action involving listed fraud-related offenses must be filed within 10 years after the violation or conspiracy. For Restaurant Revitalization Fund grants under section 5003 of the American Rescue Plan Act of 2021, it creates the same 10-year filing period.

The covered federal offenses include conspiracy, theft of public money, false statements, aggravated identity theft, access-device fraud, mail fraud, wire fraud, attempt or conspiracy to commit fraud, money laundering, and related laundering transactions under title 18. The bill also covers False Claims Act actions under 31 U.S.C. 3729 and Program Fraud Civil Remedies Act claims under 31 U.S.C. 3802. The legal effect is to give DOJ, SBA investigators, inspectors general, and civil fraud attorneys a longer runway to investigate and file cases involving alleged fraud in shuttered venue and restaurant relief grants.

Who Benefits and How

Federal taxpayers, the Department of Justice fraud section, U.S. Attorney offices, SBA Office of Inspector General investigators, inspectors general reviewing COVID relief fraud, False Claims Act relators, Shuttered Venue Operators Grant fraud investigators, Restaurant Revitalization Fund fraud investigators, and congressional oversight staff benefit because the bill extends the filing window to 10 years for recovery actions and prosecutions tied to two major SBA relief grant programs.

Who Bears the Burden and How

Shuttered Venue Operators Grant recipients accused of fraud, Restaurant Revitalization Fund recipients accused of fraud, defendants in COVID relief fraud cases, civil targets of False Claims Act investigations, businesses with old relief-grant records, defense counsel in fraud cases, and SBA program offices maintaining records must comply with longer exposure to investigation, prosecution, civil enforcement, document requests, record retention, and potential repayment or penalties.

Key Provisions

• Amends the Shuttered Venue Operators Grant statute to set a 10-year limitations period for covered criminal and civil fraud actions.
• Amends the Restaurant Revitalization Fund statute to set the same 10-year limitations period.
• Covers title 18 conspiracy, theft, false-statement, identity-theft, access-device, mail-fraud, wire-fraud, and money-laundering offenses.
• Covers False Claims Act and Program Fraud Civil Remedies Act enforcement actions.
• Extends enforcement exposure for violations or conspiracies tied to specified SBA COVID relief grants.