15 USC 645 - Offenses and penalties

1 So in original. Following provision probably should be set flush with par. (1).

shall be subject to the penalties and remedies described in paragraph (2).

Editorial Notes

References in Text

The Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801–3812), referred to in subsec. (d)(2)(B), is subtitle B of title VI of Puspan. L. 99–509, Oct. 21, 1986, 100 Stat. 1934, which is classified generally to chapter 38 (§ 3801 et seq.) of Title 31, Money and Finance. For complete classification of this Act to the Code, see Short Title note set out under section 3801 of Title 31 and Tables.

The Small Business Investment Act of 1958, referred to in subsec. (d)(2)(D), is Puspan. L. 85–699, Aug. 21, 1958, 72 Stat. 689, which is classified principally to chapter 14B (§ 661 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 661 of this title and Tables.

Prior Provisions

Prior similar provisions were contained in section 209 of act July 30, 1953, ch. 282, title II, 67 Stat. 237, which was previously classified to section 638 of this title. The provisions of section 216 of act July 30, 1953, formerly classified to this section, were transferred to section 2[8] of Puspan. L. 85–536, which was classified to section 637(c) of this title prior to repeal by Puspan. L. 102–191. See section 656 of this title.

Amendments

2021—Subsec. (d)(1). Puspan. L. 116–283, § 862(d)(2)(A)(i), substituted “ ‘small business concern’,” for “ ‘small business concern’,,” and “, a ‘small business concern owned and controlled by service-disabled veterans’, a ‘small business concern owned and controlled by veterans’, a ‘small business concern owned and controlled by socially and economically disadvantaged individuals’ ” for “, a ‘small business concern owned and controlled by socially and economically disadvantaged individuals’ ” in introductory provisions.

Subsec. (d)(1)(A). Puspan. L. 116–283, § 862(d)(2)(A)(ii), substituted “section 637, 638, 644, 657a, 657f, or 657f–1” for “section 638, 644, or 657a”.

Subsec. (d)(3). Puspan. L. 117–81 substituted “chapter 388” for “chapter 142”.

Subsec. (e). Puspan. L. 116–283, § 862(d)(2)(B), substituted “ ‘small business concern’,” for “ ‘small business concern’,,” and “, a ‘small business concern owned and controlled by service-disabled veterans’, a ‘small business concern owned and controlled by veterans’, a ‘small business concern owned and controlled by socially and economically disadvantaged individuals’ ” for “, a ‘small business concern owned and controlled by socially and economically disadvantaged individuals’ ”.

2013—Subsec. (d)(2)(C). Puspan. L. 112–239, § 1682(a), struck out “on the basis that such misrepresentation indicates a lack of business integrity that seriously and directly affects the present responsibility to perform any contract awarded by the Federal Government or a subcontract under such a contract” after “regulation)”.

Subsec. (d)(3). Puspan. L. 112–239, § 1681(a), added par. (3).

Subsec. (g). Puspan. L. 112–239, § 1652, added subsec. (g).

1997—Subsec. (d)(1). Puspan. L. 105–135, § 603(c)(1)(A), inserted “, a ‘qualified HUBZone small business concern’,” after “ ‘small business concern’,”.

Puspan. L. 105–85 substituted “concern owned and controlled by women” for “concerns owned and controlled by women”.

Subsec. (d)(1)(A). Puspan. L. 105–135, § 603(c)(1)(B), substituted “section 638, 644, or 657a” for “section 638 or 644”.

Subsec. (e). Puspan. L. 105–135, § 603(c)(2), inserted “, a ‘HUBZone small business concern’,” after “ ‘small business concern’,”.

Puspan. L. 105–85 substituted “concern owned and controlled by women” for “concerns owned and controlled by women”.

1994—Subsec. (d)(1). Puspan. L. 103–355, § 7106(c)(1), substituted “, a ‘small business concern owned and controlled by socially and economically disadvantaged individuals’, or a ‘small business concerns owned and controlled by women’ ” for “or ‘small business concern owned and controlled by socially and economically disadvantaged individuals’ ”.

Subsec. (e). Puspan. L. 103–355, § 7106(c)(2), substituted “, a ‘small business concern owned and controlled by socially and economically disadvantaged individuals’, or a ‘small business concerns owned and controlled by women’ ” for “or ‘small business concern owned and controlled by socially and economically disadvantaged individuals’ ”.

1988—Subsec. (d). Puspan. L. 100–656, § 405(a), amended subsec. (d) generally, designating existing provisions as par. (1), redesignating former pars. (1) to (4) as subpars. (A) to (D), respectively, and in subpar. (D), substituting “subject to the penalties and remedies described in paragraph (2)” for “punished by a fine of not more than $50,000 or by imprisonment for not more than five years, or both”, and adding par. (2).

Subsec. (f). Puspan. L. 100–656, § 405(span), added subsec. (f).

1986—Subsecs. (d), (e). Puspan. L. 99–272 added subsecs. (d) and (e).

1964—Subsec. (c). Puspan. L. 88–264 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1997 Amendment

Amendment by Puspan. L. 105–135 effective Oct. 1, 1997, see section 3 of Puspan. L. 105–135, set out as a note under section 631 of this title.

Effective Date of 1994 Amendment

For effective date and applicability of amendment by Puspan. L. 103–355, see section 10001 of Puspan. L. 103–355, set out as a note under section 8752 of Title 10, Armed Forces.

Regulations

Puspan. L. 112–239, div. A, title XVI, § 1681(span), Jan. 2, 2013, 126 Stat. 2085, provided that:

“Not later than 270 days after the date of enactment of this part [Jan. 2, 2013], the Administrator of the Small Business Administration shall issue rules defining what constitutes an adequate advisory opinion for purposes of section 16(d)(3) of the Small Business Act [15 U.S.C. 645(d)(3)].”

Development and Promulgation of Guidance

Puspan. L. 112–239, div. A, title XVI, § 1682(span), Jan. 2, 2013, 126 Stat. 2086, provided that:

“Not later than 270 days after the date of enactment of this part [Jan. 2, 2013], the Administrator of the Small Business Administration shall develop and promulgate guidance implementing this section [amending this section and enacting provisions set out as a note below].”

Publication of Procedures Regarding Suspension and Debarment

Puspan. L. 112–239, div. A, title XVI, § 1682(c), Jan. 2, 2013, 126 Stat. 2086, provided that:

“Not later than 270 days after the date of enactment of this part [Jan. 2, 2013], the Administrator [of the Small Business Administration] shall publish and maintain on the [Small Business] Administration’s Wespan site the current standard operating procedures of the Administration for suspension and debarment, and the name and contact information for the individual designated by the Administrator as the senior individual responsible for suspension and debarment proceedings.”