Overview

Title

To prohibit the suspension of collections on loans made to small businesses related to COVID–19, and for other purposes.

ELI5 AI

The Complete COVID Collections Act is like a rulebook that says people must pay back the small business loans they took because of COVID-19, and there will be special helpers to make sure the money was used correctly and that everyone knows how we're getting back any misused money.

Summary AI

The Complete COVID Collections Act seeks to prevent the halting of debt collections on small business loans that were issued in response to COVID-19. It extends the authority of the Special Inspector General for Pandemic Recovery to oversee and ensure accountability in disbursed funds and requires monthly reports and testimonies to Congress on debt collection progress and improper payment issues. The act mandates the Department of the Treasury to make final decisions on collection claims, and enforces a ten-year statute of limitations for fraud accusations related to COVID-19 relief funds. Additionally, it demands transparency in the recovery of misused funds by making this information publicly available on a government website.

Published

2025-01-09
Congress: 119
Session: 1
Chamber: SENATE
Status: Introduced in Senate
Date: 2025-01-09
Package ID: BILLS-119s68is

Bill Statistics

Size

Sections:
7
Words:
1,909
Pages:
10
Sentences:
32

Language

Nouns: 615
Verbs: 130
Adjectives: 44
Adverbs: 17
Numbers: 113
Entities: 152

Complexity

Average Token Length:
4.20
Average Sentence Length:
59.66
Token Entropy:
5.03
Readability (ARI):
31.54

AnalysisAI

Summary of the Bill

The proposed legislation, titled the "Complete COVID Collections Act," aims to address financial management related to loans and relief funds provided to small businesses during the COVID-19 pandemic. Key aspects of the bill include prohibiting the suspension of collections on specific pandemic-related loans, extending the authority of certain oversight bodies, and enhancing transparency and accountability in managing and reporting recovered funds.

Significant Issues

The bill raises several significant concerns. Firstly, there is an extension of authority for the Special Inspector General for Pandemic Recovery until 2030, which could lead to increased government spending without explicit justification. Secondly, the bill does not clearly define terms such as "fraud enforcement harmonization" and "similarly related crime," which could lead to legal ambiguities. This lack of clear definitions might create challenges in interpreting and enforcing fraud-related provisions. Additionally, the bill lacks specific timelines for the Department of the Treasury to decide on collections related to covered loans, potentially delaying the process and affecting loan recipients. There is also concern over the requirement that the Administrator testify annually without delegation, potentially overburdening their responsibilities.

Potential Public Impact

The public might be affected by the bill's provisions in several ways. By keeping stringent collection policies in place, small businesses may experience increased financial pressure as they work to recover from the pandemic's economic effects. On the positive side, the bill's emphasis on fraud enforcement and transparency could improve public trust in government management of COVID-19 relief funds, ensuring that taxpayer money is used appropriately and effectively.

For some stakeholders, particularly government agencies, the bill could bring about increased responsibilities and workloads without additional resources, posing operational challenges. Conversely, for watchdog and oversight organizations, extended authority and mandated transparency in reporting may enhance their efficacy in monitoring the proper use of federal relief funds.

Impact on Specific Stakeholders

Small businesses that participated in federal COVID-19 relief programs might face negative impacts if collections are pursued aggressively. These businesses could see their recovery efforts hindered if the bill necessitates prompt repayment of loans or correction of past fund mismanagement without adequate flexibility.

Government entities, such as the Small Business Administration and the Department of the Treasury, are likely to face significant operational pressure. They must coordinate effectively and meet the rigorous reporting and accountability standards set by the bill, which could strain resources and delay other administrative functions.

Finally, law enforcement and fraud prevention agencies might benefit from the extended time frame to address potential fraud cases related to COVID-19 relief funds. However, the provisions allowing for extended fraud prosecution could also introduce complexities concerning legal precedence and current interpretations of fraud-related laws.

Overall, while the bill aims to enhance accountability and transparency, its implementation could present challenges without a concurrent increase in resources and clarity regarding various undefined or loosely defined elements.

Financial Assessment

The Complete COVID Collections Act contains several financial references and implications which warrant careful examination. These references primarily deal with the collection of loans related to COVID-19 relief, oversight and accountability of disbursed funds, and establishing transparency in the recovery of these funds.

Loan Collection and Oversight

One of the primary financial components of the bill is the prohibition of suspending collections on Small Business Administration (SBA) loans related to COVID-19. Specifically, the bill emphasizes the importance of collecting debts on loans under $100,000, delegating the Department of the Treasury to make final determinations on the collection of these claims. While this aims to enhance accountability and debt recovery, there is a concern that the absence of specified timelines or criteria for these decisions may lead to delays, causing uncertainty for small businesses.

The bill also directs the SBA Administrator to refer any claim related to a covered loan of less than $100,000 to the Treasury. However, it lacks detail on how quickly these referrals must be processed, which could become a bottleneck if not addressed.

Fraud Enforcement and Accountability

The legislation includes measures to enforce a ten-year statute of limitations for fraud regarding COVID-19 relief. This long time frame could potentially increase government spending related to enforcement activities. The absence of specific criteria for what constitutes "similarly related crime" under the fraud enforcement measures, especially with the use of phrases like “notwithstanding any other provision of law,” may create legal ambiguities and future challenges in enforcing these provisions.

Transparency in Fund Recovery

To enhance transparency, the bill mandates that data on recovered funds be made publicly available. It requires the Pandemic Response Accountability Committee to maintain real-time data on the website regarding funds recovered, categorized by type and dollar amount. While this initiative addresses transparency, it could present significant technical and resource challenges for the Committee, requiring substantial investment in technological infrastructure and data management resources.

Issues Related to Financial Transparency

A recurring issue identified is the potential lack of transparency in financial allocations. The bill aims to make financial recoveries more transparent through public reporting. However, there is ambiguity in defining "covered funds" without specific accountability mechanisms, risking potential waste and misallocation of resources. Ensuring precise definitions and a clear framework for oversight could mitigate these risks.

In summary, the financial references in the Complete COVID Collections Act focus on enforcing loan collections, extending oversight for fund disbursement, and ensuring fraud enforcement and transparency. However, it raises concerns about potential delays in decision-making, the scope of legal definitions, and the technical demands of transparency initiatives, which could impact how effectively these financial measures are implemented.

Issues

  • The extension of the Special Inspector General for Pandemic Recovery's authority and operation through September 30, 2030, could result in increased government spending without clear justification for this extended duration (Section 3).

  • The lack of clear definitions or criteria for 'fraud enforcement harmonization,' particularly regarding the term 'similarly related crime,' could lead to legal ambiguity and uncertainty (Section 4).

  • The absence of specified timelines or criteria for the Department of the Treasury to make final decisions on 'covered loans' could lead to significant delays in the collection process, impacting small businesses (Section 5).

  • The requirement that the Administrator testify annually without delegation could place undue strain on the Administrator, affecting the performance of other duties (Section 5).

  • The ambiguity in the definition of 'covered funds,' without specific accountability or enforcement measures, could lead to wasteful spending and a lack of transparency in the allocation of these funds (Section 2 and Section 7).

  • The vague language 'notwithstanding any other provision of law' used in the fraud enforcement clauses could override existing laws without clear context, leading to possible conflicts in legal priorities (Section 4).

  • The requirement for 'real-time data' reporting on funds recovered may create significant technical and resource challenges for the Pandemic Response Accountability Committee (Section 7).

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of this Act states that it can be referred to as the "Complete COVID Collections Act."

2. Definitions Read Opens in new tab

Summary AI

This section of the bill defines several key terms. It explains that "Administration" and "Administrator" refer to the Small Business Administration; "covered funds" are funds allocated for COVID-19 relief under several specific acts; "covered loans" are specific loans related to COVID-19 under the Small Business Act; "covered program" includes loans, grants, and advances under various acts related to COVID-19; and "improper payment" is defined as per U.S. Code.

3. Special Inspector General for Pandemic Recovery Read Opens in new tab

Summary AI

The section of the bill involves updates to the CARES Act, specifically extending the time for the Special Inspector General for Pandemic Recovery to operate until September 30, 2030. It also adds requirements for coordination and information sharing between the Special Inspector General, the Administrator of the Small Business Administration, and the Small Business Administration's Inspector General about assistance programs related to COVID-19 recovery.

4. Fraud enforcement harmonization Read Opens in new tab

Summary AI

The section outlines changes to various laws, ensuring that any criminal or civil charges related to fraud involving loans, grants, or investments from certain COVID-19 relief programs must be filed within 10 years of the crime occurring. This applies to the CARES Act, Consolidated Appropriations Act of 2021, and the American Rescue Plan Act of 2021.

5. Prohibition on suspending collections on SBA loans related to COVID–19 Read Opens in new tab

Summary AI

The section prohibits suspending collections on certain SBA loans related to COVID-19 and requires the Administrator to refer claims under $100,000 to the Treasury for a final decision. It also mandates monthly briefings and annual testimony by the Administrator to congressional committees about the process and compliance regarding these loan collections.

Money References

  • (a) Referral of claims.—The Administrator shall refer to the Department of the Treasury any claim for collection related to a covered loan under $100,000. (b) Department of the Treasury determination.—The Department of the Treasury shall render a final decision as to suspend, end, or make collection on a claim referred to the Department of the Treasury by the Administrator under subsection (a). (c) Briefings and testimony.— (1) MONTHLY BRIEFINGS.—Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter, the Administrator shall brief the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives on the progress of the Administrator in pursuing the collection of claims related to covered loans and transferring claims to the Department of the Treasury for collection in accordance with subchapter II of chapter 37 of title 31, United States Code.

6. Department of Justice COVID–19 program fraud report Read Opens in new tab

Summary AI

The Department of Justice is required to submit a monthly report to Congress, starting within 90 days of this Act's enactment, detailing activities related to COVID-19 program fraud. This report must summarize prosecutions, money recovered, referrals, and reasons for declining cases, as well as include any additional information deemed necessary by the Attorney General.

Money References

  • (a) Requirement.—Not later than 90 days after the date of enactment of this Act, and every month thereafter, the Attorney General shall submit to Congress a report on activities related to covered programs, which shall include— (1) a summary of the information contained in the report, specifically the total number of prosecutions, the total dollar amount recovered by prosecutions, the total number of referrals and source of such referrals, and the total number of declined cases and reasons for declining; (2) with respect to each covered program— (A) the number and disposition of each prosecution; (B) the dollar amount recovered from prosecutions; (C) the number of declined cases and the reasons for declining; (D) the number of referrals— (i) from the Department of Justice; and (ii) from sources other than the Department of Justice, such as other inspectors general; and (E) the disposition of each referral described in subparagraph (D), specifically whether the referral resulted in prosecution or declination; and (3) any additional matters as the Attorney General determines appropriate.

7. Recoveries transparency Read Opens in new tab

Summary AI

The Pandemic Response Accountability Committee must set up and keep a website with up-to-date information on funds recovered by the federal government within 60 days of this Act's enactment. The data should show how much money was recovered and the types of funds involved.

Money References

  • Not later than 60 days after the date of enactment of this Act, the Pandemic Response Accountability Committee established under section 15010 of division B of the CARES Act (Public Law 116–136; 134 Stat. 533) shall establish and maintain on the website of the Committee real-time data relating to covered funds recovered by the Federal Government, which shall be broken out by type of covered funds and dollar amount of covered funds recovered by the Federal Government.