Assisting Small Businesses Not Fraudsters Act

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Bill ID: 119/hr/825
Last Updated: September 7, 2026

Sponsored by

Rep. Williams, Roger [R-TX-25]

ID: W000816

Follow the money

The bill

Assisting Small Businesses Not Fraudsters Act

HR. 825, 119th Congress — read as touching Private Equity & Hedge Funds.

The sponsor

Rep. Williams, Roger [R-TX-25]

Every bill has someone who introduced it. That name is where the paper trail starts.

The money

$98,700 raised

21 itemised contributions to this sponsor, pulled from FEC filings.

The alignment

95% match to Project 2025

This bill's text tracks the "Federal Reserve" section, p. 776-779 of the Mandate for Leadership.

Bill's Journey to Becoming a Law

Track this bill's progress through the legislative process

Latest Action

Received in the Senate and Read twice and referred to the Committee on Small Business and Entrepreneurship.

February 24, 2025

Introduced

Committee Review

Floor Action

Passed House

Senate Review

📍 Current Status

Next: Both chambers must agree on the same version of the bill.

🎉

Passed Congress

🖊️

Presidential Action

⚖️

Became Law

📚 How does a bill become a law?

1. Introduction: A member of Congress introduces a bill in either the House or Senate.

2. Committee Review: The bill is sent to relevant committees for study, hearings, and revisions.

3. Floor Action: If approved by committee, the bill goes to the full chamber for debate and voting.

4. Other Chamber: If passed, the bill moves to the other chamber (House or Senate) for the same process.

5. Conference: If both chambers pass different versions, a conference committee reconciles the differences.

6. Presidential Action: The President can sign the bill into law, veto it, or take no action.

7. Became Law: If signed (or if Congress overrides a veto), the bill becomes law!

Bill Summary

(sigh) Oh joy, another bill that's about as effective as a Band-Aid on a bullet wound. Let me dissect this farce for you.

**Main Purpose & Objectives:** The "Assisting Small Businesses Not Fraudsters Act" (HR 825) claims to prevent individuals convicted of defrauding the government from receiving assistance from the Small Business Administration (SBA). Wow, what a bold move! Who wouldn't want to stop fraudsters? It's not like this is just a PR stunt to make politicians look tough on crime while doing nothing substantial.

**Key Provisions & Changes to Existing Law:** The bill amends Section 16 of the Small Business Act by adding a new subsection that prohibits financial assistance to individuals or businesses with associates who have been convicted of financial misconduct or making false statements related to SBA loans or grants. Oh, and it defines what an "associate" means, because God forbid we leave any loopholes for those sneaky fraudsters.

**Affected Parties & Stakeholders:** Small business owners, lenders, and the SBA itself will be affected by this bill. But let's be real, the only ones who'll truly benefit are the politicians who get to tout this as a "tough on crime" measure while doing nothing to address the systemic issues that lead to fraud in the first place.

**Potential Impact & Implications:** This bill is a classic case of treating the symptoms rather than the disease. It's a Band-Aid solution that won't actually prevent fraud, but will instead create more bureaucratic red tape and give politicians a chance to grandstand. The real impact will be on small businesses who'll face more hurdles when trying to access assistance, while the actual fraudsters will find ways to exploit loopholes or simply move on to other schemes.

In short, this bill is a joke. It's a weak attempt to appear tough on crime without actually addressing the root causes of fraud. The politicians behind this bill are either incompetent or corrupt (or both). I'll give them credit: they've managed to create a bill that's as useless as a placebo pill for a terminal patient.

Diagnosis: Legislative Theater-itis, with symptoms including grandstanding, bureaucratic inefficiency, and a complete lack of understanding of the underlying issues. Treatment: a healthy dose of skepticism, a strong stomach, and a willingness to call out politicians on their nonsense.

Related Topics

Small Business & Entrepreneurship
Generated using Llama 3.1 70B (Dr. Haus personality)

💰 Campaign Finance Network

Rep. Williams, Roger [R-TX-25]

Congress 119 • 2024 Election Cycle

Total Contributions
$98,700
19 donors
PACs
$0
Organizations
$3,300
Committees
$0
Individuals
$95,400

No PAC contributions found

1
POARCH BANK OF CREEK INDIANS
1 transaction
$3,300

No committee contributions found

1
FORD, GERALD J. MR.
2 transactions
$9,900
2
ZELTER, JAMES
2 transactions
$7,800
3
PRINCE, ZAN MRS.
1 transaction
$6,600
4
WOODARD, DONALD M. MR. JR.
1 transaction
$6,600
5
CARVALHO, ANNE MARIE MRS.
1 transaction
$6,600
6
ROWAN, CAROLYN
1 transaction
$6,600
7
ROWAN, MARC
1 transaction
$6,600
8
DUNIGAN, MIKE MR.
1 transaction
$6,000
9
LOWRANCE, DAN E. MR.
1 transaction
$5,000
10
NICHOLS, THOMAS B. MR.
1 transaction
$5,000
11
KLEINHEINZ, JOHN B. MR.
1 transaction
$5,000
12
KLEINMAN, SCOTT
1 transaction
$3,900
13
PATTERSON, DAN
1 transaction
$3,300
14
WEEKLEY, RICHARD W. MR.
1 transaction
$3,300
15
RODMAN, LANCE MR.
1 transaction
$3,300
16
REILLY, BEVERLY MRS.
1 transaction
$3,300
17
MCCLELLAND, MARK
1 transaction
$3,300
18
VINSON, JOHNNY H. MR. II
1 transaction
$3,300

Cosponsors & Their Campaign Finance

This bill has 3 cosponsors. Below are their top campaign contributors.

Rep. Mfume, Kweisi [D-MD-7]

ID: M000687

Top Contributors

20

1
TABORN, TYRONE D.
IndividualREISTERSTOWN, MD
$5,000
Jul 31, 2024
2
BRONFEIN, MICHAEL
CURIO WELLNESS • CEO
IndividualOWINGS MILLS, MD
$3,300
Oct 17, 2024
3
SEIBEL, MICHAEL
Y COMBINATOR • INVESTOR
IndividualSAN FRANCISCO, CA
$3,300
Oct 17, 2024
4
JOHNSON, ROBERT
THE RLJ COMPANIES • EXECUTIVE
IndividualBETHESDA, MD
$3,300
Oct 22, 2024
5
JOSEPH, MARK K.
N/A • RETIRED
IndividualBALTIMORE, MD
$3,300
Oct 22, 2024
6
JOHNSON, ROBERT
THE RLJ COMPANIES • EXECUTIVE
IndividualBETHESDA, MD
$3,300
Nov 9, 2023
7
TABORN, TYRONE D.
CAREER COMMUNICATIONS GROUP • METAVERSE CREATOR
IndividualREISTERSTOWN, MD
$3,300
Oct 31, 2023
8
FISCHER, SOLOMON
FISCHER ROOFING • ROOFER
IndividualLAKEWOOD, NJ
$3,000
Oct 7, 2024
9
TABORN, TYRONE D.
CAREER COMMUNICATIONS GROUP • METAVERSE CREATOR
IndividualREISTERSTOWN, MD
$3,000
Jul 27, 2024
10
BEREANO, BRUCE C.
SELF-EMPLOYED • GOVERNMENT RELATIONS CONSULTANT
IndividualANNAPOLIS, MD
$2,500
Oct 23, 2024

Rep. Simon, Lateefah [D-CA-12]

ID: S001231

Top Contributors

25

1
FEDERATED INDIANS OF GRATON RANCHERIA
OrganizationROHNERT PARK, CA
$3,300
Aug 26, 2024
2
H RAHMAN MD FRCS INC
OrganizationSANTA ANA, CA
$500
Feb 20, 2024
3
SHAZAD MALIK, ESQ, P.A.
OrganizationCOWAN HEIGHTS, CA
$500
Feb 20, 2024
4
ELKE WURZBACH
OrganizationLONG BEACH, CA
$500
Sep 20, 2024
5
ELKE WURZBACH
OrganizationLONG BEACH, CA
$500
Oct 3, 2024
6
ARK, MANDEEP
SELF-EMPLOYED • ENTREPRENEUR
IndividualFRESNO, CA
$6,600
Dec 31, 2023
7
GOCHMAN, MOLLY
NOT EMPLOYED • NOT EMPLOYED
IndividualHOUSTON, TX
$6,600
Oct 4, 2023
8
RAYANT, GARRY
NOT EMPLOYED • NOT EMPLOYED
IndividualSAN FRANCISCO, CA
$6,600
Oct 1, 2023
9
SIGNH, JASPREET
LAW OFFICE OF JASPREET SINGH • LAWYER
IndividualELK GROVE, CA
$6,600
Dec 31, 2023
10
HEISING, CAITLIN
NOT EMPLOYED • NOT EMPLOYED
IndividualATHERTON, CA
$6,600
Mar 1, 2023

Rep. Goodlander, Maggie [D-NH-2]

ID: G000604

Top Contributors

20

1
MCLAUGHLIN, JANE
NOT EMPLOYED • NOT EMPLOYED
IndividualLYME, NH
$4,500
Aug 24, 2024
2
FLORY, ROBERT H. JR
FLORY INVESTMENTS, INC. • PRESIDENT
IndividualDAMARISCOTTA, ME
$4,100
Sep 30, 2024
3
FLORY, ROBERT H. JR
FLORY INVESTMENTS, INC. • PRESIDENT
IndividualDAMARISCOTTA, ME
$4,100
Sep 30, 2024
4
KRAUSZ, STEVEN
US VENTURE PARTNERS • VENTURE CAPITAL
IndividualPORTOLA VALLEY, CA
$3,300
Oct 23, 2024
5
HIRSHBERG, GARY
STONYFIELD FARM INC. • SENIOR ADVISOR
IndividualCONCORD, NH
$3,300
Oct 22, 2024
6
DRAKE, LAWRENCE C JR
NOT EMPLOYED • NOT EMPLOYED
IndividualPORTSMOUTH, NH
$3,300
Oct 19, 2024
7
CUTLER, DOULGAS
CUTLER MANAGEMENT CORP • MANAGEMENT
IndividualDANIA, FL
$3,300
Oct 17, 2024
8
JAMES, AMABEL
NOT EMPLOYED • NOT EMPLOYED
IndividualNEW YORK, NY
$3,300
Oct 24, 2024
9
NUNNELLY, MARK
NOT EMPLOYED • NOT EMPLOYED
IndividualDOVER, MA
$3,300
Oct 21, 2024
10
ROBY, DAVID M.
NOT EMPLOYED • NOT EMPLOYED
IndividualLYME, NH
$3,300
Oct 28, 2024

Donor Network - Rep. Williams, Roger [R-TX-25]

PACs
Organizations
Individuals
Politicians

Hub layout: Politicians in center, donors arranged by type in rings around them.

Loading...

Showing 38 nodes and 39 connections

Total contributions: $39

Top Donors - Rep. Williams, Roger [R-TX-25]

Showing top 19 donors by contribution amount

1 Org18 Individuals

Industry Impact

Which industries are materially affected by specific provisions in this bill. 2 harmed.

  • Section 2(a) adds a new subsection to the Small Business Act, making individuals convicted of financial misconduct ineligible for financial assistance from the Administrator, which may affect private equity and hedge funds investing in small businesses.

  • −Commercial Banksconfidence 0.60

    Section 2(a) mentions loans made under section 7 of the Small Business Act, which may involve commercial banks, and individuals convicted of financial misconduct will be ineligible for such loans.

Who funds the sponsor on these industries

For each industry this bill affects, here's what the sponsor (Rep. Williams, Roger [R-TX-25])received from donors associated with that industry during the 2022–present cycles. Donations are not proof of intent — they are a record of who funds the people writing the law.

Industries this bill HARMS

Project 2025 Policy Matches

This bill shows semantic similarity to the following sections of the Project 2025 policy document.AI-enhanced analysis provides detailed alignment ratings.

Federal Reserve

Very Strong
Vector: 71%
Pages: 776-779AI Enhanced

AI Analysis:

"HR 825 directly implements the Project 2025 goal of reducing fraud, waste, and mismanagement in SBA programs by barring individuals convicted of financial misconduct from receiving SBA assistance, thereby protecting taxpayer dollars and ensuring aid goes to legitimate small businesses."

Key themes:fraud preventionSBA program integritytaxpayer protectionsmall business assistanceaccountability

— 745 — 25 SMALL BUSINESS ADMINISTRATION Karen Kerrigan MISSION STATEMENT The U.S. Small Business Administration (SBA) supports U.S. entrepreneurship and small business growth by strengthening free enterprise through policy advo- cacy and facilitating programs that help entrepreneurs to launch and grow their businesses and compete effectively in the global marketplace. OVERVIEW Created almost 70 years ago, the SBA was launched under the Small Business Act with a mission to “aid, counsel, assist and protect, insofar as is possible, the interests of small business concerns.”1 According to its current mission statement: The U.S. Small Business Administration (SBA) helps Americans start, grow, and build resilient businesses. SBA was created in 1953 as an independent agency of the federal government to aid, counsel, assist and protect the interests of small business concerns; preserve free competitive enterprise; and maintain and strengthen the overall economy of our nation.2 The SBA’s founding mission has evolved over time as programs have been expanded or implemented, subject to the philosophical grounding of each Admin- istration as well as assorted economic challenges and the occurrence of natural disasters. Because of its distinct role in the federal government, the SBA became — 746 — Mandate for Leadership: The Conservative Promise the default agency for providing disaster loans to small businesses, homeowners, renters, and organizations. As a result, hundreds of billions of taxpayer dollars have been funneled through the agency to businesses and individuals over the years. Some SBA programs are effective; others are not. The largest program in SBA’s history, the Paycheck Protection Program (PPP), has been credited with saving millions of jobs during the COVID-19 pandemic.3 A conservative Administration would rightly focus on saving small businesses during such a crisis. At the same time, however, various SBA programs have generated waste, fraud, and misman- agement of taxpayer dollars. For example, and more recently, more than $1 trillion in COVID-19 relief was distributed through the SBA.4 The SBA’s EIDL (Economic Injury Disaster Loan) Advance program in particular shows the dangers that can come with direct government lending. EIDL Advance provided direct cash grants and loans to small businesses. The SBA Office of Inspector General “identified $78.1 billion in potentially fraudulent EIDL loans and grants paid to ineligible entities,”5 which represented more than half of all funds spent through the program. Although PPP worked through private lenders and as a result experienced relatively less fraud than EIDL experienced, it is estimated “that at least 70,000 [PPP] loans were potentially fraudulent.”6 ORIGIN, HISTORY, AND CORE FUNCTIONS In 1954, the agency began to execute such core functions as “making and guaranteeing loans for small businesses,” “ensuring that small businesses earn a ‘fair proportion’ of government contracts and sales of surplus property,” and “provid[ing] business owners with management and business training.”7 In 1970, President Richard Nixon’s Executive Order 11518 enhanced the agen- cy’s advocacy role by providing for the “increased representation of the interests of small business concerns before departments and agencies of the United States Government.”8 This advocacy role was strengthened with the adoption of the Small Business Amendments of 1974,9 which established the Chief Counsel for Advocacy, and was then reinforced and expanded in 1976 with the creation of the Office of Advocacy, providing additional resources to ensure that small businesses had a voice in the regulatory process. In 1980, the Regulatory Flexibility Act (RFA)10 further strengthened the Office of Advocacy’s role, providing accountability across federal agencies to ensure that they considered the impact of their rulemakings on small businesses. The RFA requires federal agencies “to consider the effects of their regulations on small businesses and other small entities,”11 and the Office of Advocacy is charged with ensuring that federal agencies abide by the law and is required to provide an annual report to the President and the Senate and House Committees on Small Business.12 In addition, the Trade Facilitation and Trade Enforcement Act (TFTEA) of 201613

Small Business Administration

Very Strong
Vector: 68%
Pages: 792-794AI Enhanced

AI Analysis:

"HR 825 directly implements the Project 2025 goal of eliminating fraud and abuse in SBA programs by barring individuals convicted of financial misconduct from receiving SBA assistance, thereby protecting taxpayer dollars and enhancing program integrity."

Key themes:fraud preventionSBA program integritytaxpayer protectionaccountabilityeligibility restrictions

— 760 — Mandate for Leadership: The Conservative Promise ENDNOTES 1. H.R. 7953, Small Business Act, Public Law 85-536, 85th Congress, July 18, 1958, § 2, https://uscode.ecfr.io/ statutes/pl/85/536.pdf (accessed February 17, 2023), amended by H.R. 4877, One Stop Shop for Small Business Compliance Act of 2021, Public Law 117-188, 117th Congress, October 20, 2022, https://www.congress. gov/117/plaws/publ188/PLAW-117publ188.pdf (accessed February 17, 2023). 2. U.S. Small Business Administration, “About SBA: Organization: Mission,” https://www.sba.gov/about-sba/ organization (accessed February 19, 2023). 3. Michael Faulkender, Robert Jackman, and Stephen I. Miran, “The Job-Preservation Effects of Paycheck Protection Program Loans,” U.S. Department of the Treasury, Office of Economic Policy, Working Paper No. 2020-01, December 2020, p. 9, https://home.treasury.gov/system/files/226/Job-Preservation-Effects- Paycheck-Protection-Program-Loans.pdf (accessed February 16, 2023). 4. Kate Rogers, Scott Zamost, Karina Hernandez, and Jennifer Schlesinger, “As Pandemic Aid Was Rushed to Main Street, Criminals Seized on Covid Relief Programs,” CNBC, April 15, 2021, https://www.cnbc. com/2021/04/15/as-pandemic-aid-was-rushed-to-main-street-criminals-seized-on-ppp-eidl-.html (accessed February 16, 2023). 5. Kevin Brewer, “Bills Extend Statute of Limitation for Prosecuting PPP, EIDL Fraud,” Journal of Accountancy, August 10, 2022, https://www.journalofaccountancy.com/news/2022/aug/bills-extend-statute-limitation- prosecuting-ppp-eidl-fraud.html (accessed February 16, 2023). 6. Sacha Pfeiffer, “Virtually All PPP Loans Have Been Forgiven with Limited Scrutiny,” NPR, October 12, 2022, https://www.npr.org/2022/10/12/1128207464/ppp-loans-loan-forgiveness-small-business#:~:text=As%20 COVID-19%20shutdowns%20threatened,early%20days%20of%20the%20pandemic (accessed February 16, 2023). 7. U.S. Small Business Administration, “About SBA: Organization: SBA History,” https://www.sba.gov/about-sba/ organization (accessed February 19, 2023). 8. President Richard Nixon, Executive Order 11518, “Providing for the Increased Representation of the Interests of Small Business Concerns Before Departments and Agencies of the United States Government,” March 20, 1970, in Federal Register, Vol. 35, No. 56 (March 21, 1970), pp. 4939–4940, https://tile.loc.gov/storage-services/ service/ll/fedreg/fr035/fr035056/fr035056.pdf (accessed February 18, 2023). 9. S. 3331, Small Business Amendments of 1974, Public Law 93-386, 93rd Congress, August 23, 1974, https://www. congress.gov/93/statute/STATUTE-88/STATUTE-88-Pg742.pdf (accessed February 19, 2023). 10. S. 299, Regulatory Flexibility Act, Public Law No. 96-354, 96th Congress, September 19, 1980, https://www. congress.gov/96/statute/STATUTE-94/STATUTE-94-Pg1164.pdf (accessed February 19, 2023). 11. Maeve P. Carey, “The Regulatory Flex Act: An Overview,” Congressional Research Service In Focus No. IF11900, August 16, 2021, https://crsreports.congress.gov/product/pdf/IF/IF11900 (accessed February 18, 2023). 12. U.S. Small Business Administration, Office of Advocacy, “The Regulatory Flexibility Act,” https://advocacy.sba. gov/resources/the-regulatory-flexibility-act/ (accessed February 18, 2023). 13. H.R. 644, Trade Facilitation and Trade Enforcement Act of 2015, Public Law No. 114-125, 114th Congress, February 24, 2026, https://www.congress.gov/114/statute/STATUTE-130/STATUTE-130-Pg122.pdf (accessed March 21, 2023). 14. U.S. Small Business Administration, Office of Advocacy, “Advocacy Releases Trade Report,” December 21, 2018, https://advocacy.sba.gov/2018/12/21/advocacy-releases-trade-report/ (accessed March 21, 2023). 15. Associated Press, “Reagan Offers $994-Billion ‘Hard-Choices’ 1987 Budget,” Los Angeles Times, February 5, 1986, http://www.latimes.com/archives/la-xpm-1986-02-05-mn-4369-story.html (accessed February 18, 2023). 16. Testimony of Hon. Hector V. Barreto, Administrator, Small Business Administration, in hearing, The President’s FY 2006 Budget Request for the Small Business Administration, Committee on Small Business and Entrepreneurship, U.S. Senate, 109th Congress, 1st Session, February 17, 2005, p. 8, https://books.google.com/ books?id=UwD-2ICa8k8C&printsec=frontcover&source=gbs_ge_summary_r&cad=0#v=onepage&q&f=false (accessed February 18, 2023). See also Report No. 109-49, Summary of Legislative and Oversight Activities During the 108th Congress, Committee on Small Business and Entrepreneurship, U.S. Senate, 109th Congress, 1st Session, March 30, 2005, p. 21, https://www.congress.gov/109/crpt/srpt49/CRPT-109srpt49.pdf (accessed February 18, 2023). — 761 — Small Business Administration 17. Editorial, “The Small Business Administration Needs Reforming,” The Washington Post, December 18, 2016, https://www.washingtonpost.com/opinions/the-sba-needs-reforming/2016/12/18/b639fc4c-c159-11e6-8422- eac61c0ef74d_story.html (accessed February 18, 2023). 18. Robert Jay Dilger, Anthony A. Cilluffo, and R. Corinne Blackford, “Small Business Administration Funding: Overview and Recent Trends,” Congressional Research Service Report for Members and Committees of Congress No. R43486, updated July 14, 2022, Summary, https://sgp.fas.org/crs/misc/R43846.pdf (accessed November 18, 2022). 19. Ibid., p. 2. Emphasis added. 20. Press release, “SBA Announces End-of-Year Capital Benchmarks Showing Historic Support for Small Businesses Under Administrator Guzman,” U.S. Small Business Administration, December 13, 2022, https:// www.sba.gov/article/2022/dec/13/sba-announces-end-year-capital-benchmarks-showing-historic-support- small-businesses-under?utm_medium=email&utm_source=govdelivery (accessed February 18, 2023). 21. USASpending,gov, “Agency Profile: Small Business Administration (SBA),” data through September 29, 2022, https://www.usaspending.gov/agency/small-business-administration?fy=2022 (accessed February 18, 2023). 22. Testimony and prepared statement of Tad DeHaven, Budget Analyst, Cato Institute, in hearing, An Examination of SBA Programs: Eliminating Inefficiencies, Duplications, Fraud, and Abuse, Committee on Small Business and Entrepreneurship, U.S. Senate, 112th Congress, 1st Session, June 16, 2011, pp. 80–90, https://www. govinfo.gov/content/pkg/CHRG-112shrg88373/pdf/CHRG-112shrg88373.pdf (accessed February 18, 2023). 23. Sarah Westwood, “Feds Gave $400 Million in Contracts to Ineligible Firms,” Washington Examiner, September 28, 2014, https://www.washingtonexaminer.com/feds-gave-400-million-in-contracts-to-ineligible-firms (accessed February 18, 2023). 24. Keith Girard, “Inside the SBA’s Monumental Katrina Loan Scandal,” AllBusiness.com, https://www.allbusiness. com/inside-the-sbas-monumental-katrina-loan-scandal-11793824-1.html (accessed February 18, 2023). 25. Arnold & Porter, “CARES Act Fraud Tracker,” last updated January 2, 2023, https://www.arnoldporter.com/en/ general/cares-act-fraud-tracker (accessed February 18, 2023). 26. Jay Edwards, “Bipartisan Call to Crack Down on COVID-19 PPP/EIDL Fraud, Prosecute Fraudsters to the Fullest Extent of the Law,” WRNJ Radio (Hackettstown, New Jersey), October 21, 2022, https://wrnjradio.com/ bipartisan-call-to-crack-down-on-covid-19-ppp-eidl-fraud-prosecute-fraudsters-to-the-fullest-extent-of-the- law/ (accessed March 21, 2023). 27. See, for example, H.R. 7628, IMPROVE the SBA Act, 117th Congress, introduced April 28, 2022, https://www. congress.gov/117/bills/hr7628/BILLS-117hr7628ih.pdf (accessed February 18, 2023). 28. In varying degrees, almost every small-business advocacy organization and trade association engages with the SBA. During periods of hyper-regulatory activity fueled by an activist Administration, the small- business community engages more frequently with the Office of Advocacy through its roundtables and other mechanisms in the hope of warding off costly and intrusive rulemakings. A future conservative Administration can look to the following groups, among others, for support in advancing both SBA and broader policy reform: American Hotel and Lodging Association; Asian American Hotel Owners Association; Association of Builders and Contractors; Associated Equipment Distributors; Ceramic Tile Distributors Association; Consumer Technology Association; Family Business Coalition; Foodservice Equipment Distributors Association; Heating, Air-conditioning, and Refrigeration Distributors International; Independent Bakers Association; Independent Community Bankers Association; Independent Electrical Contractors’ International Association of Plastics Distributors; International Franchise Association; Metals Service Center Institute; National Association of Electrical Distributors; National Association of Manufacturers; National Association of Wholesaler-Distributors; National Fastener Distributors Association; National Marine Distributors Association; National Federation of Independent Business; National Ready Mix Concrete Association; National Small Business Association; Small Business and Entrepreneurship Council; and U.S. Hispanic Chamber of Commerce. Additionally, the small-business community is diverse and broad, and several key groups strongly support SBA lending but vigorously oppose tax, regulatory, and spending policies that are intrusiveness or costly to business. Conservative think tanks and taxpayer organizations like The Heritage Foundation, the Cato Institute, the National Taxpayers Union, Citizens Against Government Waste, the Taxpayers Protection Alliance, and Americans for Tax Reform (among others) also have a stake in an improved and cost-effective SBA.

Small Business Administration

Strong
Vector: 70%
Pages: 786-788AI Enhanced

AI Analysis:

"HR 825 aligns strongly with Project 2025's focus on SBA accountability and fraud prevention, particularly in addressing ineligible recipients of pandemic-related loans and ensuring SBA programs are not abused by fraudulent actors. Both emphasize restoring integrity to SBA lending by disqualifying bad actors and enforcing eligibility rules."

Key themes:SBA fraud preventionloan eligibility enforcementpandemic loan accountabilitydisqualification of fraudulent recipientsprogram integrity

— 753 — Small Business Administration COVID-19 Lending Program Accountability and Cleanup. A major immediate priority for the next Administration should be a final accounting and accelerated cleanup of fraudulent COVID-19 loan and grant activity. As noted by the SBA IG, “managing COVID-19 stimulus lending is the greatest overall challenge facing SBA, and it may likely continue to be for many years as the agency grapples with fraud in the programs….”40 The next Administration should: l Consider bringing in private-sector support and expertise to close out these programs. Forgiveness and fraud must be dealt with as swiftly as possible, and law enforcement officials must pursue fraud vigorously. Entities receiving PPP loans that did not meet eligibility for forgiveness must be required to pay back the money. For example, under the CARES Act,41 PPP loan applicants generally were eligible only if, together with all their affiliates, they had no more than 500 employees. Numerous Planned Parenthood affiliates self-certified eligibility for PPP loans during the initial wave of loans that were governed by the CARES Act’s size requirement. Many Senators and Representatives asserted that these Planned Parenthood organizations were ineligible because— considered together with their affiliates—they exceeded the maximum eligible size.42 The Trump Administration SBA notified several Planned Parenthood PPP recipients of its preliminary determination of their ineligibility and of SBA’s authority to take various actions against applicants that falsely certified their eligibility.43 To date, despite continued oversight attempts by Members of Congress,44 the SBA has taken no action on the Planned Parenthood loans other than to forgive them, and in 2021, it approved new PPP loans to Planned Parenthood affiliates.45 l Cooperate with ongoing congressional oversight efforts and determine whether SBA has authority to reverse the forgiveness decisions. If it does have that authority, the SBA should reverse the forgiveness decisions for the subject loans, reiterate its preliminary determinations of ineligibility, investigate the matter more thoroughly, and take all appropriate action when its investigation concludes. Regardless of whether it reverses its forgiveness, if its investigation uncovers evidence that Planned Parenthood affiliates or any other loan recipients knowingly misrepresented their eligibility in their applications, the SBA should make appropriate referrals to the Department of Justice. — 754 — Mandate for Leadership: The Conservative Promise Disaster Loan Program and Direct Lending. The SBA’s disaster loan pro- gram provides low-interest loans to personal, business, and nonprofit borrowers following a federally declared disaster. The program suffers from problems of coordination with Federal Emergency Management Administration (FEMA) disas- ter assistance. For example, disaster relief applicants have an incentive to avoid being approved for SBA disaster loans in order to increase the amount of FEMA assistance for which they are eligible. Moreover, the availability of disaster loans reduces individuals’ incentives to purchase disaster-related insurance. More than 90 percent of SBA disaster loans are loans to individuals such as homeowners, not to small businesses. In view of the challenges the SBA has experienced in its administration of this program, as well as the fraud and abuse in the EIDL COVID-19–related program and the IG’s concern that the systemic problems within this lending program undermine the SBA’s work, the next Administration should: l Work with Congress to assess the extent to which disaster loans should be offered by another agency rather than the SBA and explore private-sector channels for administering the loans. l Specify clearly that no new direct lending programs will be developed at the SBA. Eligibility of Religious Entities for SBA Loans. Current SBA regulations46 and SBA Form 197147 make certain religious entities ineligible to participate in several SBA loan programs. The Trump Administration proposed a rule that would remove the provisions on the ground that they violate the First Amendment.48 Subsequent Supreme Court decisions have made their unconstitutionality clearer.49 In an April 3, 2020, letter to Congress pursuant to 28 U.S. Code § 530D,50 the Trump Administration SBA advised that two such provisions violate the Free Exer- cise Clause of the First Amendment and that it therefore would not enforce them. On January 19, 2021, the Trump Administration SBA proposed a rule to remove all of the unconstitutional religious exclusions from its regulations.51 The SBA has not acted on the proposed rule. A similar religious exclusion once appeared in the regulation governing eligibil- ity for SBA Business Loan Programs,52 but it was removed in a June 2022 final rule that noted tension with the First Amendment and Supreme Court precedent.53 That final rule announced that the SBA would nonetheless continue to make religious eligibility determinations for business loan applicants to comply with putative Establishment Clause requirements,54 but Supreme Court precedent and Office of Legal Counsel memoranda refute the notion that large government-backed loan programs raise any Establishment Clause concerns.55

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