I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Put America on Com5 mission Act of 2024’’. 

6 SEC. 2. ESTABLISHMENT OF THE OFFICE OF WHISTLE7 BLOWER AWARDS. 

8 The Small Business Act (15 U.S.C. 631 et seq.) is 

9 amended— 


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1 (1) in section 7(b), by redesignating the second 

2 paragraph (16) (relating to statute of limitations) as 

3 paragraph (17); 

4 (2) by redesignating section 49 as section 50; 

5 and 

6 (3) by inserting after section 48 the following 

7 new section: 

8 ‘‘SEC. 49. OFFICE OF WHISTLEBLOWER AWARDS. 

9 ‘‘(a) ESTABLISHMENT.—There is established within 

10 the Office of Performance, Planning, and the Chief Finan11 cial Officer of the Administration an Office of Whistle12 blower Awards. 

13 ‘‘(b) ADMINISTRATION.—The Office of Whistleblower 

14 Awards shall be administered by an employee in the com15 petitive service. 

16 ‘‘(c) AWARDS TO WHISTLEBLOWERS.— 

17 ‘‘(1) IN GENERAL.—Except as otherwise pro18 vided in this section, the head of the Office of Whis19 tleblower Awards shall— 

20 ‘‘(A) with respect to information submitted 

21 to head of the Office of Whistleblower Awards 

22 by whistleblowers relating to financial mis23 conduct or fraudulent misrepresentation by a 

24 recipient of financial assistance from the Ad25 ministrator— 


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1 ‘‘(i) determine, in coordination with 

2 the Inspector General, whether such infor3 mation is original information; and 

4 ‘‘(ii) for all such information that is 

5 original information— 

6 ‘‘(I) collect and transmit to the 

7 Inspector General such original infor8 mation; and 

9 ‘‘(II) track the use of such origi10 nal information in obtaining final con11 victions and settlement and plea 

12 agreements; and 

13 ‘‘(B) pay an award in an amount as de14 scribed in paragraph (2) to a whistleblower for 

15 information described in subparagraph (A) that 

16 is original information submitted to head of the 

17 Office of Whistleblower Awards by such whistle18 blower if a person is finally convicted pursuant 

19 to, or enters into a settlement or plea agree20 ment with respect to, a COVID loan action that 

21 is based, in whole or in part, on such original 

22 information, as determined by the Inspector 

23 General. 

24 ‘‘(2) AMOUNTS.—Any amount payable under 

25 this section shall be paid from the amounts deposVerDate Sep 11 2014 04:19 Feb 13, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7129.IH H7129

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1 ited in the Whistleblower Award Fund established 

2 under subsection (f) based on a person finally con3 victed pursuant to, or a settlement or plea agree4 ment with respect to, a COVID loan action that is 

5 based, in whole or in part, on original information 

6 provided to the head of the Office of Whistleblower 

7 Awards by the whistleblower as follows: 

8 ‘‘(A) 10 percent of the amounts so depos9 ited if the person so convicted or who entered 

10 into such settlement or plea agreement, as ap11 plicable, is a national of the United States or 

12 an entity located in the United States. 

13 ‘‘(B) 15 percent of the amounts so depos14 ited if the person so convicted or who entered 

15 into such settlement or plea agreement, as ap16 plicable, is a foreign national or an entity lo17 cated in a country other than the United 

18 States. 

19 ‘‘(3) MULTIPLE WHISTLEBLOWERS.— 

20 ‘‘(A) IN GENERAL.—If a person is finally 

21 convicted pursuant to, or enters into a settle22 ment or plea agreement with respect to, a 

23 COVID loan action that is based, in whole or 

24 in part, on information described in paragraph 

25 (1)(A) that is original information from mulVerDate Sep 11 2014 19:11 Feb 02, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7129.IH H7129

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1 tiple whistleblowers, only the whistleblower who 

2 made the most substantial contribution with re3 spect to such COVID loan action (including 

4 such conviction, settlement agreement, or plea 

5 agreement), as determined by the head of the 

6 Office of Whistleblower Awards, may receive an 

7 award under this section with respect to a con8 viction pursuant to, or a settlement or plea 

9 agreement with respect to, such COVID loan 

10 action. 

11 ‘‘(B) SUBSTANTIALITY DETERMINATION.— 

12 For the purposes of determining which whistle13 blower made the most substantial contribution 

14 with respect to a COVID loan action under sub15 paragraph (A), the head of the Office of Whis16 tleblower Awards shall consider— 

17 ‘‘(i) the significance of the original in18 formation of the whistleblower with respect 

19 to such COVID loan action; 

20 ‘‘(ii) the role of the whistleblower and 

21 any legal representative of the whistle22 blower in contributing to such COVID loan 

23 action; and 


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1 ‘‘(iii) such other criteria as the head 

2 of the Office of Whistleblower Awards de3 termines appropriate. 

4 ‘‘(d) ADDITIONAL REQUIREMENTS.— 

5 ‘‘(1) REDUCTION IN AWARD.—The head of the 

6 Office of Whistleblower Awards may reduce to an 

7 amount greater than or equal to zero an award to 

8 a whistleblower under this section for original infor9 mation relating to financial misconduct or fraudu10 lent misrepresentation by a recipient of financial as11 sistance from the Administrator if the head of the 

12 Office of Whistleblower Awards determines that such 

13 whistleblower planned or initiated the actions that 

14 led to such to financial misconduct or fraudulent 

15 misrepresentation. 

16 ‘‘(2) CRIMINAL CONVICTION.— 

17 ‘‘(A) DENIAL.—A whistleblower who is fi18 nally convicted of an offense arising out of 

19 planning or initiating the actions that led to the 

20 to financial misconduct or fraudulent misrepre21 sentation by a recipient of financial assistance 

22 from the Administrator is ineligible for any 

23 award under this section with respect any con24 viction, settlement agreement, or plea agreeVerDate Sep 11 2014 19:11 Feb 02, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7129.IH H7129

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1 ment related to such financial misconduct or 

2 fraudulent misrepresentation. 

3 ‘‘(B) REPAYMENT.—As a condition of re4 ceiving an award under this section, the whistle5 blower shall agree to repay the full amount of 

6 the award if the whistleblower is finally con7 victed of an offense relating to the original in8 formation that was the basis for receipt of such 

9 award. 

10 ‘‘(3) NO CONTRACT NECESSARY.—A whistle11 blower shall not be required to be a party to a con12 tract with the Administrator to be eligible to receive 

13 an award under this section. 

14 ‘‘(4) TIMING.—The head of the Office of Whis15 tleblower Awards shall disburse payments to a whis16 tleblower under this section not later than one year 

17 after the date on which amounts have been deposited 

18 into the Whistleblower Award Fund based on a con19 viction pursuant to, or a settlement or plea 

20 agreeement entered into with respect to, a COVID 

21 loan action based, in whole or in part, on informa22 tion described in subsection (c)(1)(A) that is original 

23 information provided by such whistleblower. 

24 ‘‘(5) STATUS UPDATES.—The head of the Of25 fice of Whistleblower Awards shall— 


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1 ‘‘(A) provide confirmation of the receipt of 

2 information described in subsection (c)(1)(A) to 

3 the whistleblower that submitted such informa4 tion; 

5 ‘‘(B) provide to such whistleblower— 

6 ‘‘(i) a notice of the determination 

7 whether such information is original infor8 mation; and 

9 ‘‘(ii) for such information that is 

10 original information, a notice of each de11 termination by the Inspector General pur12 suant to a final conviction or settlement or 

13 plea agreement with respect to a COVID 

14 loan action whether such information was 

15 the basis, in whole or in part, of such 

16 COVID loan action; and 

17 ‘‘(C) ensure that procedures consistent 

18 with section 1213 of title 5, United States 

19 Code, for findings on the disclosure and for the 

20 whistleblower to comment on any preliminary 

21 determinations. 

22 ‘‘(6) ANTI-RETALIATION.— 

23 ‘‘(A) IN GENERAL.—No person may be dis24 criminated against and no other prejudicial ac25 tion may be taken against a person because 


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1 such person has made, is perceived as about to 

2 make, or assisted or associated with a person 

3 who made or is about to make a disclosure 

4 under this section. 

5 ‘‘(B) RELIEF.—Any person who alleges to 

6 discrimination or other prejudicial action in vio7 lation of subparagraph (A) may seek relief for 

8 a violation of such subparagraph pursuant to 

9 the rights, procedures, burdens of proof and 

10 remedies in paragraphs (2) through (5) of sec11 tion 5323(g) of title 31, United States Code. 

12 ‘‘(e) APPEALS.—A determination made under this 

13 section by the head of the Office of Whistleblower Awards, 

14 except the determination of the amount of an award if 

15 the award was made in accordance with the requirements 

16 of subsection (c)(2), may be appealed by the whistleblower 

17 subject to such determination to the appropriate court of 

18 appeals of the United States not more than 30 days after 

19 the determination is issued by the head of the Office of 

20 Whistleblower Awards. The court shall review the deter21 mination in accordance with section 706 of title 5, United 

22 States Code. 

23 ‘‘(f) WHISTLEBLOWER AWARD FUND.— 


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1 ‘‘(1) ESTABLISHMENT.—There is established in 

2 the Department of the Treasury a revolving fund to 

3 be known as the ‘Whistleblower Award Fund’. 

4 ‘‘(2) USE OF FUND.—Amounts in the Whistle5 blower Award Fund shall be available to head of the 

6 Office of Whistleblower Awards, without further ap7 propriation or fiscal year limitation, for— 

8 ‘‘(A) payment of awards made under this 

9 section; and 

10 ‘‘(B) the necessary expenses for the oper11 ation of the Office of Whistleblower Awards. 

12 ‘‘(3) DEPOSITS.—Notwithstanding any other 

13 provision of law, if a person is finally convicted pur14 suant to, or enters into a settlement or plea agree15 ment with respect to, a COVID loan action based, 

16 in whole or in part, on original information de17 scribed in subsection (c)(1) that is provided to the 

18 head of the Office of Whistleblower Awards by a 

19 whistleblower, there shall be deposited into the 

20 Whistleblower Award Fund all amounts collected 

21 from such person by the Federal Government, in22 cluding amounts collected as a result of a civil mone23 tary penalty under subsection (g)— 

24 ‘‘(A) for or pursuant to such conviction; or 


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1 ‘‘(B) under or pursuant to such settlement 

2 or plea agreement. 

3 ‘‘(4) REMAINING AMOUNTS.—The Adminis4 trator shall deposit into the general fund of the 

5 Treasury any amounts in the Whistleblower Award 

6 Fund not used to pay whistleblowers under sub7 section (c) or the necessary expenses for the oper8 ation of the Office of Whistleblower Awards. 

9 ‘‘(g) CIVIL MONETARY PENALTY.— 

10 ‘‘(1) IN GENERAL.—Any person who is finally 

11 convicted pursuant to a COVID loan action or who 

12 enters into a settlement or plea agreement with re13 spect to a COVID loan action shall, in addition to 

14 any other penalties that may be prescribed by law, 

15 be subject to a civil monetary penalty, assessed by 

16 the Administrator, in an amount equal to 30 percent 

17 of the aggregate of the principal amounts of the 

18 loans with respect to which such person was so fi19 nally convicted or entered into such a settlement or 

20 plea agreement. 

21 ‘‘(2) COLLECTION.— 

22 ‘‘(A) IN GENERAL.—Civil money penalties 

23 and assessments imposed under this subsection 

24 may be compromised by the Adminstrator and 

25 may be recovered in a civil action in the name 


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1 of the United States brought in United States 

2 district court for the district where the conduct 

3 serving as the basis for the relevant COVID 

4 loan action occurred or in United States district 

5 court for the district in which the person 

6 against whom the penalty or assessment has 

7 been assessed resides, as determined by the Ad8 ministrator. 

9 ‘‘(B) WITHHOLDINGS.— 

10 ‘‘(i) IN GENERAL.—The amount of a 

11 civil money penalty and assessment im12 posed under this subsection, when finally 

13 determined, or the amount agreed upon in 

14 compromise, may be deducted from any 

15 sum then or later owing by the United 

16 States to the person against whom the 

17 penalty or assessment has been assessed. 

18 ‘‘(ii) TREATMENT.—For the purposes 

19 of awards under this section, amounts de20 ducted under clause (i) shall be deposited 

21 into the Whistleblower Award Fund. 

22 ‘‘(h) REPORT.—Not later than 12 months after the 

23 date of the enactment of this section, and annually there24 after, the Administrator shall submit to Congress a report 

25 on— 


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1 ‘‘(1) the number of times whistleblowers sub2 mitted to the head of the Office of Whistleblower 

3 Awards original information relating to financial 

4 misconduct or fraudulent misrepresentation by a re5 cipient of financial assistance from the Adminis6 trator; 

7 ‘‘(2) the amount of awards disbursed under this 

8 section; and 

9 ‘‘(3) any legislative or administrative rec10 ommendations regarding the duties of the Office of 

11 Whistleblower Awards. 

12 ‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec13 tion shall be construed to modify or interfere with any in14 vestigations carried out by the Inspector General or an15 other Federal agency. 

16 ‘‘(j) SUNSET.— 

17 ‘‘(1) IN GENERAL.—Except as provided by 

18 paragraph (2), the authority under this section shall 

19 terminate on the date that the last COVID loan ac20 tion that was timely filed and either— 

21 ‘‘(A) has not been appealed and is no 

22 longer appealable because the time for taking 

23 an appeal has expired; or 

24 ‘‘(B) has been appealed and the appeals 

25 process for such conviction is completed. 


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1 ‘‘(2) APPEALS.—Notwithstanding paragraph 

2 (1), the authority under this section shall continue 

3 with respect to a claim for an award under this sec4 tion for which a determination is being appealed or 

5 is appealable under subsection (e) as of the date de6 scribed in such paragraph until a determination for 

7 such award is no longer being appealed or appeal8 able under subsection (e). 

9 ‘‘(k) DEFINITIONS.—In this section: 

10 ‘‘(1) COVID LOAN ACTION.—The term ‘COVID 

11 loan action’ means a criminal charge or civil enforce12 ment action described in— 

13 ‘‘(A) section 7(a)(36)(W); 

14 ‘‘(B) section 7(a)(37)(P); 

15 ‘‘(C) section 7(b)(17); 

16 ‘‘(D) section 1110(e)(9) of the CARES Act 

17 (15 U.S.C. 9009(e)(9)); or 

18 ‘‘(E) section 331(i) of the Economic Aid to 

19 Hard-Hit Small Businesses, Nonprofits, and 

20 Venues Act (15 U.S.C. 9009b(i)). 

21 ‘‘(2) FINAL CONVICTION; FINALLY CON22 VICTED.—The terms ‘final conviction’ and ‘finally 

23 convicted’ mean, with respect to a person, that such 

24 person has been convicted of an offense and such 

25 conviction— 


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1 ‘‘(A) has not been appealed and is no 

2 longer appealable because the time for taking 

3 an appeal has expired; or 

4 ‘‘(B) has been appealed and the appeals 

5 process for such conviction is completed. 

6 ‘‘(3) INSPECTOR GENERAL.—The term ‘Inspec7 tor General’ means the Inspector General of the Ad8 ministration. 

9 ‘‘(4) ORIGINAL INFORMATION.—The term 

10 ‘original information’ means information that— 

11 ‘‘(A) is derived from the independent 

12 knowledge or analysis of a whistleblower; 

13 ‘‘(B) is not known to the Administrator or 

14 Inspector General from any source other than 

15 the whistleblower, unless the whistleblower is 

16 the original source of the information; 

17 ‘‘(C) is not exclusively derived from an al18 legation made in a judicial or administrative ac19 tion, in a governmental report, hearing, audit, 

20 or investigation, or from the news media, unless 

21 the whistleblower is a source of the information; 

22 and 

23 ‘‘(D) was provided to the Inspector Gen24 eral— 


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1 ‘‘(i) after the date of the enactment of 

2 this Act; or 

3 ‘‘(ii) by a means other than a hotline 

4 for reporting fraud, waste, and abuse that 

5 is maintained by the Inspector General. 

6 ‘‘(5) WHISTLEBLOWER.—The term ‘whistle7 blower’ means an individual who submits informa8 tion to the Office of Whistleblower Awards that such 

9 individual reasonably believes relates to financial 

10 misconduct or fraudulent misrepresentation by a re11 cipient of financial assistance from the Adminis12 trator.’’. 

13 SEC. 3. RULEMAKING. 

14 (a) IN GENERAL.—Not later than six months after 

15 the date of the enactment of this Act, the Administrator 

16 of the Small Business Administration shall issue rules nec17 essary to carry out the requirements of section 49 of the 

18 Small Business Act, as added by this Act. 

19 (b) CONTRIBUTION DETERMINATION.— 

20 (1) IN GENERAL.—Not later than three months 

21 after the date of the enactment of this Act, the Ad22 ministrator of the Small Business Administration 

23 shall issue rules providing that— 

24 (A) after the head of the Office of Whistle25 blower Awards transmits original information to 


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1 the Inspector General of the Small Business 

2 Administration under subsection (c)(1)(A)(ii)(I) 

3 of section 49 of the Small Business Act, as 

4 added by section 2, and tracks such information 

5 through a final conviction or settlement or plea 

6 agreement with respect to a COVID loan ac7 tion, the head of the Office of Whistleblower 

8 Awards shall request that the Inspector General 

9 indicate, for each piece of such original infor10 mation, that— 

11 (i) such original information was the 

12 basis, in whole or in part, of such COVID 

13 loan action; 

14 (ii) such original information was not 

15 the basis, in whole or in part, of such 

16 COVID loan action; or 

17 (iii) whether such original information 

18 was the basis, in whole or in part, of such 

19 COVID loan action may not be disclosed; 

20 (B) if the Inspector General indicates that 

21 whether a piece of original information was the 

22 basis, in whole or in part, of a COVID loan ac23 tion may not be disclosed, such original infor24 mation shall be deemed to have not been the 


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1 basis, in whole or in part, of such COVID loan 

2 action. 

3 (2) COVID LOAN ACTION; FINAL CONVICTION; 

4 ORIGINAL INFORMATION DEFINED.—In this sub5 section, the terms ‘‘COVID loan action’’, ‘‘final con6 viction’’, and ‘‘original information’’ have the mean7 ings given such terms in subsection (k) of section 49 

8 of the Small Business Act, as added by section 2. 

Æ 


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