AISenate committee examines SBA fraud, waste, and the 8(a) contracting program

Small Business Administration OversightSenate Small Business and Entrepreneurship · 2025-12-10 · 119th Congress
The Senate Small Business and Entrepreneurship Committee held this hearing to examine waste, fraud, and abuse in Small Business Administration programs, including pandemic-era PPP/EIDL loan fraud and the SBA's 8(a) Business Development Program, alongside three bills: S.1199 (extending the statute of limitations for pandemic fraud), S.3173 (restricting 8(a) sole-source contracts pending an SBA audit), and S.1991 (federal payment transparency). Begins at 0:12:46
Transcript
Highlights

Title

Senate committee examines SBA fraud, waste, and the 8(a) contracting program

Purpose

The Senate Small Business and Entrepreneurship Committee held this hearing to examine waste, fraud, and abuse in Small Business Administration programs, including pandemic-era PPP/EIDL loan fraud and the SBA's 8(a) Business Development Program, alongside three bills: S.1199 (extending the statute of limitations for pandemic fraud), S.3173 (restricting 8(a) sole-source contracts pending an SBA audit), and S.1991 (federal payment transparency). Four witnesses testified — investigative journalist Luke Rosiak, POGO's Dylan Hedtler-Gaudette, Open the Books CEO John Hart, and GAO's Dr. Courtney Lafountain — while Chair Ernst and Ranking Member Markey sharply disagreed over whether the hearing's focus reflected genuine oversight or a politically motivated attack on minority-owned businesses. Begins at0:12:46

Who spoke

Chair Joni Ernst (R-IA)0:12:46: Opened citing $162 billion in FY2024 improper payments0:14:14 and PPP loans issued to applicants using doll photos as ID and to people claiming to be over 115 years old0:13:43; later pressed witnesses on 8(a) fraud, defended her requested pause (not cancellation) of the 8(a) program pending an SBA Inspector General audit requested October 301:30:28, and defended DOGE's roughly $240 million in estimated savings1:28:01.

Ranking Member Ed Markey (D-MA)0:19:36: Argued the hearing should really be about a "Trump family business," citing $1.8 billion in gifts/cash to the Trump family this year0:25:38 and donors to the administration's ballroom holding roughly $280 billion in federal contracts1:12:57; criticized DOGE for operating anonymously and called SBA's 8(a) documentation demands during the holidays politically targeted1:10:501:30:57.

Mr. Luke Rosiak, investigative journalist0:29:28: Testified that set-aside contracts are the "most openly abusive" federal program, citing OCT Consulting LLC, which received 19 contracts worth $43 million without competition despite its owner buying an $7 million estate0:31:240:32:25; said oversight of 8(a) "has not worked and it's not going to work" and described big firms cutting side deals with shell 8(a) contractors to bypass competitive bidding0:50:030:33:47.

Mr. Dylan Hedtler-Gaudette, POGO0:35:14: Said 8(a) contracts make up about 5.4% of the $750 billion in federal contracts awarded last year0:37:30; testified fraud is not concentrated in disadvantaged-business programs1:09:50 and called the administration's 8(a) review politically motivated rather than IG-led1:10:03.

Mr. John Hart, Open the Books CEO0:40:08: Cited $105 billion in SBA-backed loans since 2023 going to country clubs, beach clubs, and yacht clubs0:42:40, plus $11.8 billion to investment funds and $1.4 billion in PPP loans to law/accounting firms showing little hardship0:43:090:43:38; noted federal per-capita spending rose from $485 (1925) to over $20,000 today0:40:39 and said Other Transaction Agreements are being hidden from USAspending.gov0:53:08.

Dr. Courtney Lafountain, GAO0:45:24: Testified SBA guaranteed over $1 trillion in pandemic loans/grants to 10 million businesses but oversight lagged, with improved controls since saving at least $30 billion by end of FY250:45:540:46:54; said GAO does not have a year-by-year breakdown but confirmed the program was more vulnerable to fraud early on, during 20201:32:32.

Sen. Mazie Hirono (D-HI)0:54:48: Objected to Ernst's letters seeking an 8(a) pause, noting the program includes Native Hawaiian, Alaskan, and tribal organizations0:56:11; asked Hedtler-Gaudette to confirm 8(a) is not "fraught with rampant fraud," which he did0:57:470:57:53.

Sen. Jon Husted (R-OH)1:00:58 *(mislabeled "Sheehhusted" in captions)*: Cited an estimated $21–27 billion lost to ACA premium subsidy fraud [0:11:40 audio ~1:01:40] and a road contractor's account of set-aside businesses marking up and reselling work, which Rosiak confirmed is not illegal1:02:341:02:42; asked witnesses about AI tools for fraud detection1:03:24.

Key moments

Rosiak said 5% of contracting dollars go through set-asides but "very little goes to Black Americans these days," while Indian Americans, whom he called the wealthiest U.S. demographic, receive a disproportionate share0:30:250:30:550:31:56.

Rosiak's central example: OCT Consulting LLC received 19 federal contracts worth $43 million as a certified "disadvantaged" small business despite its owner working 15 years as a financial consultant and buying an $7 million estate0:31:240:32:25.

Ernst and Hirono clashed directly over the scope of the 8(a) pause — Hirono accused Ernst of targeting Native-owned businesses; Ernst responded she requested a "pause," not cancellation, and declared Hirono "out of order"0:56:440:59:51.

Hart testified SBA loans went to Fortune 500 firms, Rolex stores, and plastic surgery centers, with $105 billion in loans since 2023 to country clubs, beach clubs, and yacht clubs — nearly half in 2025 alone0:42:40.

Markey pressed Hedtler-Gaudette, who confirmed disadvantaged-business programs are "not even close" to the largest source of federal contracting fraud and that a review found ballroom donors held roughly $280 billion in federal contracts1:09:501:12:57.

Ernst cited a case from her home state: a former Cuban military sergeant sentenced to four years in federal prison for a $2.4 million PPP fraud conspiracy in Iowa1:18:23.

Markey argued DOGE representatives should testify under oath, saying "we have no idea who they are," and compared the anonymity to "Soviet Russia" — a comparison Ernst rebuked, citing veterans who served in uniform1:30:571:36:26.

Hart said auditors found SBA issued 5,593 loans to businesses whose listed owners claimed to be 11 or younger, and 3,095 loans to people claiming to be 115 or older, totaling $645 million in questionable loans over two years0:43:380:44:09.

Ernst said DOGE has generated an estimated $240 million in savings so far, including cancellation of an IRS contract1:28:011:28:41.

Lafountain confirmed GAO found pandemic-era SBA programs "more vulnerable to fraud early in the program," under the Trump administration in 2020, though GAO does not have year-by-year fraud estimates1:32:32.

Metadata

Official titleHearings to examine running government like a small business, focusing on waste and fraud, including S.1199, to extend the statute of limitations for fraud under certain pandemic programs, S.3173, to prohibit the Small Business Administration from awarding sole source contracts until the Administration conducts a full audit of and submits to Congress a report on the business development program, S.1991, to amend chapter 33 of title 31, United States Code, to require adequate information regarding payments of Federal funds.
CommitteeSenate Small Business and Entrepreneurship
Chamber / CongressSenate · 119th Congress
Date2025-12-10
TypeMeeting
Witnesses
(none listed in event metadata)
Videosenate-isvp
Transcript214 caption blocks · 10,821 words · 1:37:44 runtime
EventCongress.gov 337737