H.R. 5427House118th Congress (2023-2025)Passed House

To prohibit individuals convicted of defrauding the Government from receiving any assistance from the Small Business Administration, and for other purposes.

Introduced September 13, 2023

AI-Generated Summary

Updated January 20, 2026 at 11:19 AM UTC

The bill adds a new rule to the Small Business Act that bars people who have been finally convicted of fraud or false statements related to SBA loans or grants from receiving any SBA financial assistance, and also blocks any small business that has such a person as an associate from getting aid (except for limited assistance under section 7(b)). It defines who counts as an “associate,” what loans or grants are covered, and what “finally convicted” means. The restriction does not apply to contracts or agreements made before the law takes effect.

Key Provisions

  • Adds subsection (h) to Section 16 of the Small Business Act prohibiting SBA financial assistance to individuals convicted of financial misconduct involving covered loans or grants, and to any small business that has such an individual as an associate, except for assistance under section 7(b).
  • Defines “associate” to include officers, directors, owners of more than 20% equity, key employees, entities owning at least 20% of the business, and other controlling parties, excluding licensed small business investment companies.
  • Specifies “covered loan or grant” as certain SBA loans (including pandemic‑related loans) and grants from the American Rescue Plan Act and the Economic Aid to Hard‑Hit Small Businesses, Nonprofits, and Venues Act.
  • Clarifies “finally convicted” as a conviction that is no longer appealable or for which the appeals process has been completed.
  • States the new prohibition does not apply to any government contract or agreement entered into before the enactment date.

Legislative Activity

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12 earlier actions
SenateIntro Referral Latest Action

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

November 29, 2023

View full timeline
HouseIntro Referral

Introduced in House

September 13, 2023

HouseIntro Referral

Referred to the House Committee on Small Business.

September 13, 2023

HouseCommittee

Committee Consideration and Mark-up Session Held

September 14, 2023

HouseCommittee

Ordered to be Reported by the Yeas and Nays: 22 - 0.

September 14, 2023

HouseCommittee

Reported by the Committee on Small Business. H. Rept. 118-219.

September 26, 2023

HouseCalendars

Placed on the Union Calendar, Calendar No. 178.

September 26, 2023

HouseFloor

Mr. Williams (TX) moved to suspend the rules and pass the bill.

November 28, 2023 • 4:56 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H5917-5919)

November 28, 2023 • 4:57 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 5427.

November 28, 2023 • 4:57 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H5917)

November 28, 2023 • 5:10 PM

HouseFloor

On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H5917)

November 28, 2023 • 5:10 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

November 28, 2023 • 5:10 PM

SenateIntro Referral

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

November 29, 2023

Floor Debate

4 members

What members said about H.R. 5427 on the floor

2 Republicans2 Democrats
Roger Williams
Rep. Roger WilliamsR-TX-25 · Nov 28, 2023

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5427) to prohibit individuals convicted of defrauding the Government from receiving any assistance from the Small Business…

Kweisi Mfume
Rep. Kweisi MfumeD-MD-7 · Nov 28, 2023

Mr. Speaker, my thanks to Chairman Williams and to the ranking member, Ms. Velazquez of New York for their leadership. She and I were having a conversation reminding ourselves that 84 percent of all…

Nydia M. Velázquez
Rep. Nydia M. VelázquezD-NY-7 · Nov 28, 2023

Mr. Speaker, I yield myself such time as I may consume. I rise in support of H.R. 5427, which puts into statute current rules which prohibit anyone convicted of defrauding the government from…

Mark Alford
Rep. Mark AlfordR-MO-4 · Nov 28, 2023

Mr. Speaker, I thank the chairman and the ranking member for their leadership. Mr. Speaker, I rise today because the Small Business Administration and the Biden administration have continuously…

Bill Text

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Latest
Referred in SenateIssued November 29, 2023

IIB

118th CONGRESS

1st Session

H. R. 5427

IN THE SENATE OF THE UNITED STATES

November 29, 2023

Received; read twice and referred to the Committee on Small Business and Entrepreneurship

AN ACT

To prohibit individuals convicted of defrauding the Government from receiving any assistance from the Small Business Administration, and for other purposes.


1.

Assistance prohibited after fraud conviction

(a)

In general

Section 16 of the Small Business Act (15 U.S.C. 645) is amended by adding at the end the following new subsection:

(h)

Financial assistance prohibition

(1)

In general

An associate of a small business concern who is finally convicted of any crime involving or relating to financial misconduct or a false statement with respect to a covered loan or grant shall be ineligible to receive any financial assistance from the Administrator, other than financial assistance under section 7(b).

(2)

Business concerns

A small business concern that has as an associate an individual subject to paragraph (1) shall be ineligible to receive any financial assistance from the Administrator, other than financial assistance under section 7(b).

(3)

Definitions

In this subsection:

(A)

Associate

The term associate means, with respect to a small business concern—

(i)

an officer, director, or owner of more than 20 percent of the equity of, or a key employee of, such small business concern;

(ii)

any entity not less than 20 percent owned or controlled by one or more individuals referred to in clause (i); and

(iii)

any other individual or entity in control of or controlled by such small business concern, except for a licensed small business investment company (as defined in section 103(3) of the Small Business Investment Act of 1958 (15 U.S.C. 662(3)).

(B)

Covered loan or grant

The term covered loan or grant means—

(i)

a loan made under—

(I)

paragraph (36) or (37) of subsection (a) of section 7 of the Small Business Act (15 U.S.C. 636); or

(II)

subsection (b) of such section in response to the COVID–19 pandemic; or

(ii)

a grant made under—

(I)

section 5003 of the American Rescue Plan Act of 2021 (15 U.S.C. 9009c); or

(II)

section 324 of the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act (15 U.S.C. 9009a).

(C)

Finally convicted

The term finally convicted means, with respect to an individual or entity, that such individual or entity has been convicted of an offense and such conviction—

(i)

has not been appealed and is no longer appealable because the time for taking an appeal has expired; or

(ii)

has been appealed and the appeals process for such conviction is completed.

.

(b)

Applicability

Subsection (h) of section 16 of the Small Business Act (15 U.S.C. 645), as added by subsection (a) of this Act, shall not apply to any contract or other agreement entered into by the Government prior to the date of the enactment of this Act.

Passed the House of Representatives November 28, 2023.

Kevin F. McCumber,

Clerk.