15 U.S.C. § 645
Whoever makes any statement knowing it to be false, or whoever willfully overvalues any security, for the purpose of obtaining for himself or for any applicant any loan, or extension thereof by renewal, deferment of action, or otherwise, or the acceptance, release, or substitution of security therefor, or for the purpose of influencing in any way the action of the Administration, or for the purpose of obtaining money, property, or anything of value, under this chapter, shall be punished by a fine of not more than $5,000 or by imprisonment for not more than two years, or both.
Whoever, being connected in any capacity with the Administration, (1) embezzles, abstracts, purloins, or willfully misapplies any moneys, funds, securities, or other things of value, whether belonging to it or pledged or otherwise entrusted to it, or (2) with intent to defraud the Administration or any other body politic or corporate, or any individual, or to deceive any officer, auditor, or examiner of the Administration, makes any false entry in any book, report, or statement of or to the Administration, or, without being duly authorized, draws any order or issues, puts forth, or assigns any note, debenture, bond, or other obligation, or draft, bill of exchange, mortgage, judgment, or decree thereof, or (3) with intent to defraud participates or shares in or receives directly or indirectly any money, profit, property, or benefit through any transaction, loan, commission, contract, or any other act of the Administration, or (4) gives any unauthorized information concerning any future action or plan of the Administration which might affect the value of securities, or, having such knowledge, invests or speculates, directly or indirectly, in the securities or property of any company or corporation receiving loans or other assistance from the Administration, shall be punished by a fine of not more than $10,000 or by imprisonment for not more than five years, or both.
Whoever, with intent to defraud, knowingly conceals, removes, disposes of, or converts to his own use or to that of another, any property mortgaged or pledged to, or held by, the Administration, shall be fined not more than $5,000 or imprisoned not more than five years, or both; but if the value of such property does not exceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both.
Any representation of the status of any concern or person as a "small business concern", a "HUBZone small business concern", 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", or a "small business concern owned and controlled by women" in order to obtain any prime contract or subcontract enumerated in subsection (d) of this section shall be in writing.
Whoever falsely certifies past compliance with the requirements of section 636(j)(10)(I) of this title shall be subject to the penalties prescribed in subsection (d).
Whoever violates a requirement established under section 657s of this title shall be subject to the penalties prescribed in subsection (d), except that, for an entity that exceeded a limitation on subcontracting under such section, the fine described in subsection (d)(2)(A) shall be treated as the greater of-
Not later than 1 year after January 2, 2013, the Administrator shall take such actions as are necessary to ensure that an existing Federal subcontracting reporting system is modified to notify the Administrator, the appropriate Director of the Office of Small and Disadvantaged Business Utilization, and the appropriate contracting officer if a requirement established under section 657s of this title is violated.
1So in original. Following provision probably should be set flush with par.
15 U.S.C. § 645
EDITORIAL NOTES
REFERENCES IN TEXTThe 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 Pub. 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 Pub. 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 PROVISIONSPrior 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 Pub. L. 85-536 which was classified to section 637(c) of this title prior to repeal by Pub. L. 102-191. See section 656 of this title.
AMENDMENTS2021-Subsec. (d)(1). Pub. 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). Pub. 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). Pub. L. 117-81 substituted "chapter 388" for "chapter 142". Subsec. (e). Pub. 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). Pub. 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). Pub. L. 112-239, §1681(a), added par. (3).Subsec. (g). Pub. L. 112-239, §1652, added subsec. (g).1997-Subsec. (d)(1). Pub. L. 105-135, §603(c)(1)(A), inserted ",a 'qualified HUBZone small business concern'," after "'small business concern',". Pub. L. 105-85 substituted "concern owned and controlled by women" for "concerns owned and controlled by women". Subsec. (d)(1)(A). Pub. L. 105-135, §603(c)(1)(B), substituted "section 638, 644, or 657a" for "section 638 or 644". Subsec. (e). Pub. L. 105-135, §603(c)(2), inserted ",a 'HUBZone small business concern'," after "'small business concern',". Pub. L. 105-85 substituted "concern owned and controlled by women" for "concerns owned and controlled by women". 1994-Subsec. (d)(1). Pub. 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). Pub. 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). Pub. 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). Pub. L. 100-656, §405(b), added subsec. (f).1986-Subsecs. (d), (e). Pub. L. 99-272 added subsecs. (d) and (e). 1964-Subsec. (c). Pub. L. 88-264 added subsec. (c).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section 3 of Pub. 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 Pub. L. 103-355 see section 10001 of Pub. L. 103-355 set out as a note under section 8752 of Title 10, Armed Forces.
REGULATIONS Pub. L. 112-239, div. A, title XVI, §1681(b), 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 Pub. L. 112-239, div. A, title XVI, §1682(b), 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 Pub. 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 Web 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."
- Administration
- the terms "Administration" and "Administrator" mean the Small Business Administration and the Administrator thereof, respectively; and
- Administrator
- the terms "Administration" and "Administrator" mean the Small Business Administration and the Administrator thereof, respectively; and