Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Put America on Com-
mission Act of 2024’’. 
SEC. 2. ESTABLISHMENT OF THE OFFICE OF WHISTLE-
BLOWER 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 Finan-
cial Officer of the Administration an Office of Whistle-
blower Awards. 
‘‘(b) ADMINISTRATION.—The Office of Whistleblower 
Awards shall be administered by an employee in the com-
petitive service. 
‘‘(c) AWARDS TO WHISTLEBLOWERS.— 
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‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this section, the head of the Office of Whis-
tleblower Awards shall— 
‘‘(A) with respect to information submitted 
to head of the Office of Whistleblower Awards 
by whistleblowers relating to financial mis-
conduct or fraudulent misrepresentation by a 
recipient of financial assistance from the Ad-
ministrator— 
‘‘(i) determine, in coordination with 
the Inspector General, whether such infor-
mation is original information; and 
‘‘(ii) for all such information that is 
original information— 
‘‘(I) collect and transmit to the 
Inspector General such original infor-
mation; and 
‘‘(II) track the use of such origi-
nal information in obtaining final con-
victions and settlement and plea 
agreements; and 
‘‘(B) pay an award in an amount as de-
scribed in paragraph (2) to a whistleblower for 
information described in subparagraph (A) that 
is original information submitted to head of the 
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Office of Whistleblower Awards by such whistle-
blower if a person is finally convicted pursuant 
to, or enters into a settlement or plea agree-
ment 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 depos-
ited in the Whistleblower Award Fund established 
under subsection (f) based on a person finally con-
victed pursuant to, or a settlement or plea agree-
ment 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 depos-
ited if the person so convicted or who entered 
into such settlement or plea agreement, as ap-
plicable, is a national of the United States or 
an entity located in the United States. 
‘‘(B) 15 percent of the amounts so depos-
ited if the person so convicted or who entered 
into such settlement or plea agreement, as ap-
plicable, is a foreign national or an entity lo-
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cated 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 settle-
ment 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 mul-
tiple whistleblowers, only the whistleblower who 
made the most substantial contribution with re-
spect 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 con-
viction pursuant to, or a settlement or plea 
agreement with respect to, such COVID loan 
action. 
‘‘(B) SUBSTANTIALITY DETERMINATION.— 
For the purposes of determining which whistle-
blower made the most substantial contribution 
with respect to a COVID loan action under sub-
paragraph (A), the head of the Office of Whis-
tleblower Awards shall consider— 
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‘‘(i) the significance of the original in-
formation of the whistleblower with respect 
to such COVID loan action; 
‘‘(ii) the role of the whistleblower and 
any legal representative of the whistle-
blower in contributing to such COVID loan 
action; and 
‘‘(iii) such other criteria as the head 
of the Office of Whistleblower Awards de-
termines 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 infor-
mation relating to financial misconduct or fraudu-
lent misrepresentation by a recipient of financial as-
sistance 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 fi-
nally convicted of an offense arising out of 
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planning or initiating the actions that led to the 
to financial misconduct or fraudulent misrepre-
sentation by a recipient of financial assistance 
from the Administrator is ineligible for any 
award under this section with respect any con-
viction, settlement agreement, or plea agree-
ment related to such financial misconduct or 
fraudulent misrepresentation. 
‘‘(B) REPAYMENT.—As a condition of re-
ceiving an award under this section, the whistle-
blower shall agree to repay the full amount of 
the award if the whistleblower is finally con-
victed of an offense relating to the original in-
formation that was the basis for receipt of such 
award. 
‘‘(3) NO
CONTRACT
NECESSARY.—A whistle-
blower shall not be required to be a party to a con-
tract with the Administrator to be eligible to receive 
an award under this section. 
‘‘(4) TIMING.—The head of the Office of Whis-
tleblower Awards shall disburse payments to a whis-
tleblower 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 con-
viction pursuant to, or a settlement or plea 
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agreeement entered into with respect to, a COVID 
loan action based, in whole or in part, on informa-
tion described in subsection (c)(1)(A) that is original 
information provided by such whistleblower. 
‘‘(5) STATUS UPDATES.—The head of the Of-
fice of Whistleblower Awards shall— 
‘‘(A) provide confirmation of the receipt of 
information described in subsection (c)(1)(A) to 
the whistleblower that submitted such informa-
tion; 
‘‘(B) provide to such whistleblower— 
‘‘(i) a notice of the determination 
whether such information is original infor-
mation; and 
‘‘(ii) for such information that is 
original information, a notice of each de-
termination by the Inspector General pur-
suant 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 
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whistleblower to comment on any preliminary 
determinations. 
‘‘(6) ANTI-RETALIATION.— 
‘‘(A) IN GENERAL.—No person may be dis-
criminated against and no other prejudicial ac-
tion 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 vio-
lation 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 sec-
tion 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 
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Whistleblower Awards. The court shall review the deter-
mination 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 Whistle-
blower Award Fund shall be available to head of the 
Office of Whistleblower Awards, without further ap-
propriation or fiscal year limitation, for— 
‘‘(A) payment of awards made under this 
section; and 
‘‘(B) the necessary expenses for the oper-
ation of the Office of Whistleblower Awards. 
‘‘(3) DEPOSITS.—Notwithstanding any other 
provision of law, if a person is finally convicted pur-
suant to, or enters into a settlement or plea agree-
ment with respect to, a COVID loan action based, 
in whole or in part, on original information de-
scribed 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, in-
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cluding amounts collected as a result of a civil mone-
tary 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 Adminis-
trator shall deposit into the general fund of the 
Treasury any amounts in the Whistleblower Award 
Fund not used to pay whistleblowers under sub-
section (c) or the necessary expenses for the oper-
ation 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 re-
spect 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 fi-
nally convicted or entered into such a settlement or 
plea agreement. 
‘‘(2) COLLECTION.— 
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‘‘(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 Ad-
ministrator. 
‘‘(B) WITHHOLDINGS.— 
‘‘(i) IN GENERAL.—The amount of a 
civil money penalty and assessment im-
posed 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 de-
ducted under clause (i) shall be deposited 
into the Whistleblower Award Fund. 
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‘‘(h) REPORT.—Not later than 12 months after the 
date of the enactment of this section, and annually there-
after, the Administrator shall submit to Congress a report 
on— 
‘‘(1) the number of times whistleblowers sub-
mitted to the head of the Office of Whistleblower 
Awards original information relating to financial 
misconduct or fraudulent misrepresentation by a re-
cipient of financial assistance from the Adminis-
trator; 
‘‘(2) the amount of awards disbursed under this 
section; and 
‘‘(3) any legislative or administrative rec-
ommendations regarding the duties of the Office of 
Whistleblower Awards. 
‘‘(i) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to modify or interfere with any in-
vestigations carried out by the Inspector General or an-
other 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 ac-
tion that was timely filed and either— 
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‘‘(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 sec-
tion for which a determination is being appealed or 
is appealable under subsection (e) as of the date de-
scribed in such paragraph until a determination for 
such award is no longer being appealed or appeal-
able under subsection (e). 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) COVID LOAN ACTION.—The term ‘COVID 
loan action’ means a criminal charge or civil enforce-
ment 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)). 
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‘‘(2) 
FINAL
CONVICTION; 
FINALLY
CON-
VICTED.—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 ‘Inspec-
tor General’ means the Inspector General of the Ad-
ministration. 
‘‘(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 al-
legation made in a judicial or administrative ac-
tion, in a governmental report, hearing, audit, 
or investigation, or from the news media, unless 
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the whistleblower is a source of the information; 
and 
‘‘(D) was provided to the Inspector Gen-
eral— 
‘‘(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 ‘whistle-
blower’ means an individual who submits informa-
tion to the Office of Whistleblower Awards that such 
individual reasonably believes relates to financial 
misconduct or fraudulent misrepresentation by a re-
cipient of financial assistance from the Adminis-
trator.’’. 
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 nec-
essary 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 Ad-
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ministrator of the Small Business Administration 
shall issue rules providing that— 
(A) after the head of the Office of Whistle-
blower 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 ac-
tion, the head of the Office of Whistleblower 
Awards shall request that the Inspector General 
indicate, for each piece of such original infor-
mation, 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 
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basis, in whole or in part, of a COVID loan ac-
tion may not be disclosed, such original infor-
mation 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 sub-
section, the terms ‘‘COVID loan action’’, ‘‘final con-
viction’’, and ‘‘original information’’ have the mean-
ings given such terms in subsection (k) of section 49 
of the Small Business Act, as added by section 2. 
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Union Calendar No. 328 
118TH CONGRESS 
2D SESSION 
H. R. 7129 
[Report No. 118–399] 
A BILL 
To amend the Small Business Act to establish the 
Office of Whistleblower Awards, and for other 
purposes. 
FEBRUARY 23, 2024 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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