Page:United States Statutes at Large Volume 102 Part 4.djvu/905

 PUBLIC LAW 100-656—NOV. 15, 1988

102 STAT. 3875

"(i) A listing of any agents, representatives, attorneys, accountants, consultants, and other parties (other than employees) receiving compensation to assist in obtaining a Federal contract for such Program Participant. "(ii) The amount of compensation received by any person listed under clause (i) during the relevant reporting period and a description of the activities performed in return for such compensation. "(B) The Business Opportunity Specialist shall promptly review and forward such report to the Associate Administrator for Minority Small Business and dlapital Ownership Development. Any report that raises a suspicion of improper activity shall be reported immediately to the Inspector General of the Administration. "(C) The failure to submit a report pursuant to the requirements of this subsection and applicable r^ulations shall be considered 'good cause' for the initiation of a termination proceeding pursuant to section 7(j)(10XF).". SEC. 405. FALSE REPRESENTATIONS.

(a) PENALTY FOR MISREPRESENTATION.—Section 16(d) of the Small Business Act (15 U.S.C. 645(d)) is amended to read as follows: "(d)(1) Whoever misrepresents the status of any concern or person as a 'small business concern' or 'small business concern owned and controlled by socially and economically disadvantaged individuals', in order to obtain for oneself or another any— "(A) prime contract to be awarded pursuant to section 9 or 15; "(B) subcontract to be awarded pursuant to section 8(a); "(C) subcontract that is to be included as part or all of a goal contained in a subcontracting plan required pursuant to section 8(d); or "(D) prime or subcontract to be awarded as a result, or in furtherance, of any other provision of Federal law that specifically references section 8(d) for a definition of prc^ram eligibility, shall be subject to the penalties and remedies described in paragraph (2). "(2) Any person who violates paragraph (1) shall— "(A) be punished by a fine of not more than $500,000 or by imprisonment for not more than 10 years, or both; "(B) be subject to the administrative remedies prescribed by the Program Fraud Qvil Remedies Act of 1986 (31 U.S.C. 3801-3812); "(C) be subject to suspension and debarment as specified in subpart 9.4 of title 48, Code of Federal Emulations (or any successor r^ulation) on the basis that such misrepresentation indicates a lack of business int^rity that seriously and directly affects the present responsibOity to perform any contract awarded by the Federal Government or a subcontract under such a contract; and "(D) be ineligible for participation in any program or activity conducted under the authority of this Act or the Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.) for a period not to exceed 3 years.". Qa) MISREPRESENTATION OF SECTION 7 COMPLIANCE.—Section 16 of

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

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