No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7129 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7129
To amend the Small Business Act to establish the Office of
Whistleblower Awards, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 30, 2024
Mr. Williams of Texas (for himself, Mr. Mfume, Mr. Luetkemeyer, Mr.
Stauber, Mr. Meuser, Ms. Van Duyne, Ms. Salazar, Mr. Mann, Mr. Ellzey,
Mr. Alford, Mr. Crane, Mr. Bean of Florida, Mr. Hunt, Mr. LaLota, Mr.
Molinaro, and Ms. Maloy) introduced the following bill; which was
referred to the Committee on Small Business
_______________________________________________________________________
A BILL
To amend the Small Business Act to establish the Office of
Whistleblower Awards, and for other purposes.
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 ``Put America on Commission Act of
2024''.
SEC. 2. ESTABLISHMENT OF THE OFFICE OF WHISTLEBLOWER AWARDS.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) in section 7(b), by redesignating the second paragraph
(16) (relating to statute of limitations) as paragraph (17);
(2) by redesignating section 49 as section 50; and
(3) by inserting after section 48 the following new
section:
``SEC. 49. OFFICE OF WHISTLEBLOWER AWARDS.
``(a) Establishment.--There is established within the Office of
Performance, Planning, and the Chief Financial Officer of the
Administration an Office of Whistleblower Awards.
``(b) Administration.--The Office of Whistleblower Awards shall be
administered by an employee in the competitive service.
``(c) Awards to Whistleblowers.--
``(1) In general.--Except as otherwise provided in this
section, the head of the Office of Whistleblower Awards shall--
``(A) with respect to information submitted to head
of the Office of Whistleblower Awards by whistleblowers
relating to financial misconduct or fraudulent
misrepresentation by a recipient of financial
assistance from the Administrator--
``(i) determine, in coordination with the
Inspector General, whether such information is
original information; and
``(ii) for all such information that is
original information--
``(I) collect and transmit to the
Inspector General such original
information; and
``(II) track the use of such
original information in obtaining final
convictions and settlement and plea
agreements; and
``(B) pay an award in an amount as described in
paragraph (2) to a whistleblower for information
described in subparagraph (A) that is original
information submitted to head of the Office of
Whistleblower Awards by such whistleblower if a person
is finally convicted pursuant to, or enters into a
settlement or plea agreement with respect to, a COVID
loan action that is based, in whole or in part, on such
original information, as determined by the Inspector
General.
``(2) Amounts.--Any amount payable under this section shall
be paid from the amounts deposited in the Whistleblower Award
Fund established under subsection (f) based on a person finally
convicted pursuant to, or a settlement or plea agreement with
respect to, a COVID loan action that is based, in whole or in
part, on original information provided to the head of the
Office of Whistleblower Awards by the whistleblower as follows:
``(A) 10 percent of the amounts so deposited if the
person so convicted or who entered into such settlement
or plea agreement, as applicable, is a national of the
United States or an entity located in the United
States.
``(B) 15 percent of the amounts so deposited if the
person so convicted or who entered into such settlement
or plea agreement, as applicable, is a foreign national
or an entity located in a country other than the United
States.
``(3) Multiple whistleblowers.--
``(A) In general.--If a person is finally convicted
pursuant to, or enters into a settlement or plea
agreement with respect to, a COVID loan action that is
based, in whole or in part, on information described in
paragraph (1)(A) that is original information from
multiple whistleblowers, only the whistleblower who
made the most substantial contribution with respect to
such COVID loan action (including such conviction,
settlement agreement, or plea agreement), as determined
by the head of the Office of Whistleblower Awards, may
receive an award under this section with respect to a
conviction pursuant to, or a settlement or plea
agreement with respect to, such COVID loan action.
``(B) Substantiality determination.--For the
purposes of determining which whistleblower made the
most substantial contribution with respect to a COVID
loan action under subparagraph (A), the head of the
Office of Whistleblower Awards shall consider--
``(i) the significance of the original
information of the whistleblower with respect
to such COVID loan action;
``(ii) the role of the whistleblower and
any legal representative of the whistleblower
in contributing to such COVID loan action; and
``(iii) such other criteria as the head of
the Office of Whistleblower Awards determines
appropriate.
``(d) Additional Requirements.--
``(1) Reduction in award.--The head of the Office of
Whistleblower Awards may reduce to an amount greater than or
equal to zero an award to a whistleblower under this section
for original information relating to financial misconduct or
fraudulent misrepresentation by a recipient of financial
assistance from the Administrator if the head of the Office of
Whistleblower Awards determines that such whistleblower planned
or initiated the actions that led to such to financial
misconduct or fraudulent misrepresentation.
``(2) Criminal conviction.--
``(A) Denial.--A whistleblower who is finally
convicted of an offense arising out of planning or
initiating the actions that led to the to financial
misconduct or fraudulent misrepresentation by a
recipient of financial assistance from the
Administrator is ineligible for any award under this
section with respect any conviction, settlement
agreement, or plea agreement related to such financial
misconduct or fraudulent misrepresentation.
``(B) Repayment.--As a condition of receiving an
award under this section, the whistleblower shall agree
to repay the full amount of the award if the
whistleblower is finally convicted of an offense
relating to the original information that was the basis
for receipt of such award.
``(3) No contract necessary.--A whistleblower shall not be
required to be a party to a contract with the Administrator to
be eligible to receive an award under this section.
``(4) Timing.--The head of the Office of Whistleblower
Awards shall disburse payments to a whistleblower under this
section not later than one year after the date on which amounts
have been deposited into the Whistleblower Award Fund based on
a conviction pursuant to, or a settlement or plea agreeement
entered into with respect to, a COVID loan action based, in
whole or in part, on information described in subsection
(c)(1)(A) that is original information provided by such
whistleblower.
``(5) Status updates.--The head of the Office of
Whistleblower Awards shall--
``(A) provide confirmation of the receipt of
information described in subsection (c)(1)(A) to the
whistleblower that submitted such information;
``(B) provide to such whistleblower--
``(i) a notice of the determination whether
such information is original information; and
``(ii) for such information that is
original information, a notice of each
determination by the Inspector General pursuant
to a final conviction or settlement or plea
agreement with respect to a COVID loan action
whether such information was the basis, in
whole or in part, of such COVID loan action;
and
``(C) ensure that procedures consistent with
section 1213 of title 5, United States Code, for
findings on the disclosure and for the whistleblower to
comment on any preliminary determinations.
``(6) Anti-retaliation.--
``(A) In general.--No person may be discriminated
against and no other prejudicial action may be taken
against a person because such person has made, is
perceived as about to make, or assisted or associated
with a person who made or is about to make a disclosure
under this section.
``(B) Relief.--Any person who alleges to
discrimination or other prejudicial action in violation
of subparagraph (A) may seek relief for a violation of
such subparagraph pursuant to the rights, procedures,
burdens of proof and remedies in paragraphs (2) through
(5) of section 5323(g) of title 31, United States Code.
``(e) Appeals.--A determination made under this section by the head
of the Office of Whistleblower Awards, except the determination of the
amount of an award if the award was made in accordance with the
requirements of subsection (c)(2), may be appealed by the whistleblower
subject to such determination to the appropriate court of appeals of
the United States not more than 30 days after the determination is
issued by the head of the Office of Whistleblower Awards. The court
shall review the determination in accordance with section 706 of title
5, United States Code.
``(f) Whistleblower Award Fund.--
``(1) Establishment.--There is established in the
Department of the Treasury a revolving fund to be known as the
`Whistleblower Award Fund'.
``(2) Use of fund.--Amounts in the Whistleblower Award Fund
shall be available to head of the Office of Whistleblower
Awards, without further appropriation or fiscal year
limitation, for--
``(A) payment of awards made under this section;
and
``(B) the necessary expenses for the operation of
the Office of Whistleblower Awards.
``(3) Deposits.--Notwithstanding any other provision of
law, if a person is finally convicted pursuant to, or enters
into a settlement or plea agreement with respect to, a COVID
loan action based, in whole or in part, on original information
described in subsection (c)(1) that is provided to the head of
the Office of Whistleblower Awards by a whistleblower, there
shall be deposited into the Whistleblower Award Fund all
amounts collected from such person by the Federal Government,
including amounts collected as a result of a civil monetary
penalty under subsection (g)--
``(A) for or pursuant to such conviction; or
``(B) under or pursuant to such settlement or plea
agreement.
``(4) Remaining amounts.--The Administrator shall deposit
into the general fund of the Treasury any amounts in the
Whistleblower Award Fund not used to pay whistleblowers under
subsection (c) or the necessary expenses for the operation of
the Office of Whistleblower Awards.
``(g) Civil Monetary Penalty.--
``(1) In general.--Any person who is finally convicted
pursuant to a COVID loan action or who enters into a settlement
or plea agreement with respect to a COVID loan action shall, in
addition to any other penalties that may be prescribed by law,
be subject to a civil monetary penalty, assessed by the
Administrator, in an amount equal to 30 percent of the
aggregate of the principal amounts of the loans with respect to
which such person was so finally convicted or entered into such
a settlement or plea agreement.
``(2) Collection.--
``(A) In general.--Civil money penalties and
assessments imposed under this subsection may be
compromised by the Adminstrator and may be recovered in
a civil action in the name of the United States brought
in United States district court for the district where
the conduct serving as the basis for the relevant COVID
loan action occurred or in United States district court
for the district in which the person against whom the
penalty or assessment has been assessed resides, as
determined by the Administrator.
``(B) Withholdings.--
``(i) In general.--The amount of a civil
money penalty and assessment imposed under this
subsection, when finally determined, or the
amount agreed upon in compromise, may be
deducted from any sum then or later owing by
the United States to the person against whom
the penalty or assessment has been assessed.
``(ii) Treatment.--For the purposes of
awards under this section, amounts deducted
under clause (i) shall be deposited into the
Whistleblower Award Fund.
``(h) Report.--Not later than 12 months after the date of the
enactment of this section, and annually thereafter, the Administrator
shall submit to Congress a report on--
``(1) the number of times whistleblowers submitted to the
head of the Office of Whistleblower Awards original information
relating to financial misconduct or fraudulent
misrepresentation by a recipient of financial assistance from
the Administrator;
``(2) the amount of awards disbursed under this section;
and
``(3) any legislative or administrative recommendations
regarding the duties of the Office of Whistleblower Awards.
``(i) Rule of Construction.--Nothing in this section shall be
construed to modify or interfere with any investigations carried out by
the Inspector General or another Federal agency.
``(j) Sunset.--
``(1) In general.--Except as provided by paragraph (2), the
authority under this section shall terminate on the date that
the last COVID loan action that was timely filed and either--
``(A) has not been appealed and is no longer
appealable because the time for taking an appeal has
expired; or
``(B) has been appealed and the appeals process for
such conviction is completed.
``(2) Appeals.--Notwithstanding paragraph (1), the
authority under this section shall continue with respect to a
claim for an award under this section for which a determination
is being appealed or is appealable under subsection (e) as of
the date described in such paragraph until a determination for
such award is no longer being appealed or appealable under
subsection (e).
``(k) Definitions.--In this section:
``(1) COVID loan action.--The term `COVID loan action'
means a criminal charge or civil enforcement action described
in--
``(A) section 7(a)(36)(W);
``(B) section 7(a)(37)(P);
``(C) section 7(b)(17);
``(D) section 1110(e)(9) of the CARES Act (15
U.S.C. 9009(e)(9)); or
``(E) section 331(i) of the Economic Aid to Hard-
Hit Small Businesses, Nonprofits, and Venues Act (15
U.S.C. 9009b(i)).
``(2) Final conviction; finally convicted.--The terms
`final conviction' and `finally convicted' mean, with respect
to a person, that such person has been convicted of an offense
and such conviction--
``(A) has not been appealed and is no longer
appealable because the time for taking an appeal has
expired; or
``(B) has been appealed and the appeals process for
such conviction is completed.
``(3) Inspector general.--The term `Inspector General'
means the Inspector General of the Administration.
``(4) Original information.--The term `original
information' means information that--
``(A) is derived from the independent knowledge or
analysis of a whistleblower;
``(B) is not known to the Administrator or
Inspector General from any source other than the
whistleblower, unless the whistleblower is the original
source of the information;
``(C) is not exclusively derived from an allegation
made in a judicial or administrative action, in a
governmental report, hearing, audit, or investigation,
or from the news media, unless the whistleblower is a
source of the information; and
``(D) was provided to the Inspector General--
``(i) after the date of the enactment of
this Act; or
``(ii) by a means other than a hotline for
reporting fraud, waste, and abuse that is
maintained by the Inspector General.
``(5) Whistleblower.--The term `whistleblower' means an
individual who submits information to the Office of
Whistleblower Awards that such individual reasonably believes
relates to financial misconduct or fraudulent misrepresentation
by a recipient of financial assistance from the
Administrator.''.
SEC. 3. RULEMAKING.
(a) In General.--Not later than six months after the date of the
enactment of this Act, the Administrator of the Small Business
Administration shall issue rules necessary to carry out the
requirements of section 49 of the Small Business Act, as added by this
Act.
(b) Contribution Determination.--
(1) In general.--Not later than three months after the date
of the enactment of this Act, the Administrator of the Small
Business Administration shall issue rules providing that--
(A) after the head of the Office of Whistleblower
Awards transmits original information to the Inspector
General of the Small Business Administration under
subsection (c)(1)(A)(ii)(I) of section 49 of the Small
Business Act, as added by section 2, and tracks such
information through a final conviction or settlement or
plea agreement with respect to a COVID loan action, the
head of the Office of Whistleblower Awards shall
request that the Inspector General indicate, for each
piece of such original information, that--
(i) such original information was the
basis, in whole or in part, of such COVID loan
action;
(ii) such original information was not the
basis, in whole or in part, of such COVID loan
action; or
(iii) whether such original information was
the basis, in whole or in part, of such COVID
loan action may not be disclosed;
(B) if the Inspector General indicates that whether
a piece of original information was the basis, in whole
or in part, of a COVID loan action may not be
disclosed, such original information shall be deemed to
have not been the basis, in whole or in part, of such
COVID loan action.
(2) COVID loan action; final conviction; original
information defined.--In this subsection, the terms ``COVID
loan action'', ``final conviction'', and ``original
information'' have the meanings given such terms in subsection
(k) of section 49 of the Small Business Act, as added by
section 2.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Small Business.
Committee Consideration and Mark-up Session Held
Ordered to be Reported by the Yeas and Nays: 24 - 0.
Reported by the Committee on Small Business. H. Rept. 118-399.
Reported by the Committee on Small Business. H. Rept. 118-399.
Placed on the Union Calendar, Calendar No. 328.
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