II 

118TH CONGRESS 

1ST SESSION S. 1142 

To prohibit the Small Business Administration from suspending collections 

on Paycheck Protection Program loans and economic injury disaster 

loans related to COVID–19. 

IN THE SENATE OF THE UNITED STATES 

MARCH 30, 2023 

Ms. ERNST introduced the following bill; which was read twice and referred 

to the Committee on Small Business and Entrepreneurship 

A BILL 

To prohibit the Small Business Administration from suspending collections on Paycheck Protection Program 

loans and economic injury disaster loans related to 

COVID–19. 

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 ‘‘SBA Collections Act 

5 of 2023’’. 

6 SEC. 2. PROHIBITION ON SUSPENDING COLLECTIONS ON 

7 SBA LOANS RELATED TO COVID–19. 

8 (a) DEFINITIONS.—In this section: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Small Busi3 ness Administration. 

4 (2) COVERED LOAN.—The term ‘‘covered loan’’ 

5 means— 

6 (A) a loan guaranteed under paragraph 

7 (36) or (37) of section 7(a) of the Small Busi8 ness Act (15 U.S.C. 636(a)); and 

9 (B) a loan made under section 7(b)(2) of 

10 the Small Business Act (15 U.S.C. 636(b)(2)) 

11 related to COVID–19. 

12 (3) DEPARTMENT.—The term ‘‘Department’’ 

13 means the Department of the Treasury. 

14 (b) PROHIBITION OF THE ADMINISTRATOR.— 

15 (1) IN GENERAL.—The Administrator may not 

16 discharge, suspend, or end collection action on any 

17 claim related to a covered loan. 

18 (2) REFERRAL.—The Administrator shall refer 

19 to the Department any claim related to a covered 

20 loan for which the Administrator could use the au21 thorities provided in section 3711 of title 31, United 

22 States Code, to discharge, suspend, or end that 

23 claim, but for the prohibition under paragraph (1). 

24 (c) DEPARTMENT OF TREASURY DETERMINATION.— 

25 The Department shall— 


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1 (1) retain the authorities provided in section 

2 3711 of title 31, United States Code, or any similar 

3 provision of law; and 

4 (2) render a final decision as to discharge, sus5 pend, end, or make collection on a claim referred to 

6 the Department under subsection (b)(2). 

7 (d) BRIEFINGS AND TESTIMONY.— 

8 (1) MONTHLY BRIEFINGS.—Not later than 30 

9 days after the date of enactment of this Act, and 

10 every 30 days thereafter, the Administrator shall 

11 brief the Committee on Small Business and Entre12 preneurship of the Senate and the Committee on 

13 Small Business of the House of Representatives on 

14 the progress of the Administrator in pursuing the 

15 collection of claims related to covered loans and 

16 transferring claims to the Department of the Treas17 ury for collection in accordance with subchapter II 

18 of chapter 37 of title 31, United States Code. 

19 (2) TESTIMONY.— 

20 (A) IN GENERAL.—The Administrator 

21 shall testify annually before the Committee on 

22 Small Business and Entrepreneurship of the 

23 Senate and the Committee on Small Business 

24 of the House of Representatives on the impleVerDate Sep 11 2014 00:45 Apr 13, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1142.IS S1142

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1 mentation of collections of claims related to cov2 ered loans. 

3 (B) NONDELEGATION.—The Administrator 

4 may not delegate the responsibility under sub5 paragraph (A) to any other individual. 

Æ 


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