SBA Collections Act of 2023

Subjects: Commerce


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1142 Introduced in Senate (IS)]

&lt;DOC&gt;






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.

    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 ``SBA Collections Act of 2023''.

SEC. 2. PROHIBITION ON SUSPENDING COLLECTIONS ON SBA LOANS RELATED TO 
              COVID-19.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Small Business Administration.
            (2) Covered loan.--The term ``covered loan'' means--
                    (A) a loan guaranteed under paragraph (36) or (37) 
                of section 7(a) of the Small Business Act (15 U.S.C. 
                636(a)); and
                    (B) a loan made under section 7(b)(2) of the Small 
                Business Act (15 U.S.C. 636(b)(2)) related to COVID-19.
            (3) Department.--The term ``Department'' means the 
        Department of the Treasury.
    (b) Prohibition of the Administrator.--
            (1) In general.--The Administrator may not discharge, 
        suspend, or end collection action on any claim related to a 
        covered loan.
            (2) Referral.--The Administrator shall refer to the 
        Department any claim related to a covered loan for which the 
        Administrator could use the authorities provided in section 
        3711 of title 31, United States Code, to discharge, suspend, or 
        end that claim, but for the prohibition under paragraph (1).
    (c) Department of Treasury Determination.--The Department shall--
            (1) retain the authorities provided in section 3711 of 
        title 31, United States Code, or any similar provision of law; 
        and
            (2) render a final decision as to discharge, suspend, end, 
        or make collection on a claim referred to the Department under 
        subsection (b)(2).
    (d) 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.
            (2) Testimony.--
                    (A) In general.--The Administrator shall testify 
                annually before the Committee on Small Business and 
                Entrepreneurship of the Senate and the Committee on 
                Small Business of the House of Representatives on the 
                implementation of collections of claims related to 
                covered loans.
                    (B) Nondelegation.--The Administrator may not 
                delegate the responsibility under subparagraph (A) to 
                any other individual.
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