Small Business Procurement Integrity Act of 2010 - Amends the Small Business Act to include as a punishable offense the misrepresentation of a business or person as a small business owned and controlled by service-disabled veterans. Includes as small business procurement fraud misrepresentation made for purposes of the award of a grant or cooperative agreement. Subjects those making such misrepresentations to federal regulations prohibiting false claims against the United States.
Includes as a punishable offense the use by a contracted small business of an ineligible business to perform a greater percentage of work under such contract.
Requires a veteran claiming service-disabled status for purposes of eligibility as a small business owned and controlled by service-disabled veterans to possess a disability rating letter issued by the Department of Veterans Affairs (VA) establishing a disability rating between 0% and 100%, a disability determination from the Department of Defense (DOD), or such other documentation as the Administrator of the Small Business Administration (SBA) may require.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6370 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 6370
To amend the Small Business Act to prevent fraud in transactions
involving certain small business concerns.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 29, 2010
Mr. Nye introduced the following bill; which was referred to the
Committee on Small Business
_______________________________________________________________________
A BILL
To amend the Small Business Act to prevent fraud in transactions
involving certain small business concerns.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Procurement Integrity
Act of 2010''.
SEC. 2. IN GENERAL.
Section 16 of the Small Business Act (15 U.S.C. 645) is amended as
follows:
(1) Small business procurement fraud.--In subsection
(d)(1)--
(A) by inserting after ``a `small business concern
owned and controlled by socially and economically
disadvantaged individuals','' the following: ``a `small
business concern owned and controlled by service-
disabled veterans',''; and
(B) by striking subparagraphs (A) through (D) and
inserting the following:
``(A) prime contract, subcontract, grant, or
cooperative agreement to be awarded pursuant to section
8(a), 8(m), 9, 15, 31, or 36;
``(B) 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
``(C) prime contract 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 program eligibility;
shall be subject to the penalties and remedies described in
paragraph (2).''.
(2) False claims act application.--In subsection (d)(2)--
(A) in subparagraph (C), by striking the ``and'' at
the end;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(E) be subject to penalties and remedies imposed
pursuant to sections 3729 through 3733 of title 31,
United States Code.''.
(3) Misrepresentation of status.--In subsection (e)--
(A) by inserting after ```small business concern
owned and controlled by socially and economically
disadvantaged individuals','' the following: ``a `small
business concern owned and controlled by service-
disabled veterans','';
(B) by inserting ``grant, cooperative agreement,''
before ``prime contract''; and
(C) by inserting a comma after ``prime contract''.
(4) Use of ineligible businesses; determination of
losses.--By adding at the end the following:
``(g) Use of Ineligible Businesses.--
``(1) In general.--Whoever knowingly uses the services of
another business to perform a greater percentage of work under
a contract than is permitted by such regulations issued by the
Administration, or attempts or conspires to do so, shall be
subject to the penalties and remedies described in subsection
(d)(2).
``(2) Certification deemed.--By submitting a request for
payment on a contract that is awarded pursuant to section 8(a),
8(m), 15, 31, or 36, a contractor shall be deemed to certify
that it has complied with regulations issued by the
Administration governing the percentage of work that the
contractor must perform on such contract unless the contractor
affirmatively states in writing that it did not comply with the
percentage of work requirement.
``(h) Determination of Losses.--For purposes of subsection
(d)(2)(E), the loss to the Government and the damages sustained by the
Government, shall be deemed to be the amount of money that the
Government has paid to the party that received the prime contract,
subcontract, grant, or cooperative agreement enumerated in subsection
(d), or the portion of the Government's payments under such a prime
contract that were directed towards such a subcontract. No credit for
the fair market value of the property or services provided to the
Government shall be applied against such loss or damages.''.
SEC. 3. CERTIFICATION OF STATUS.
Section 3(q)(1) of the Small Business Act (15 U.S.C. 632(q)(1)) is
amended by inserting before the period at the end the following: ``and
who possesses a disability rating letter issued by the Department of
Veteran Affairs, establishing a service connected rating between 0 and
100 percent, a disability determination from the Department of Defense,
or such other documentation as the Administrator shall by rule require
to establish proof of such disability''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Small Business.
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