[Congressional Record Volume 164, Number 99 (Thursday, June 14, 2018)]
[Senate]
[Page S3957]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2908. Ms. BALDWIN submitted an amendment intended to be proposed
to amendment SA 2282 proposed by Mr. Inhofe (for himself and Mr.
McCain) to the bill H.R. 5515, to authorize appropriations for fiscal
year 2019 for military activities of the Department of Defense, for
military construction, and for defense activities of the Department of
Energy, to prescribe military personnel strengths for such fiscal year,
and for other purposes; which was ordered to lie on the table; as
follows:
At the end of subtitle B of title VIII, add the following:
SEC. 823. DEBARMENT OF CONTRACTORS THAT FRAUDULENTLY
MISREPRESENT STATUS FOR PURPOSES OF OBTAINING
CERTAIN SET ASIDE CONTRACTS.
(a) Civilian Contracts.--
(1) In general.--Chapter 47 of title 41, United States
Code, is amended by adding at the end the following new
section:
``Sec. 4713. Debarment of contractors that fraudulently
misrepresent status for purposes of obtaining certain set
aside contracts
``(a) In General.--Any business concern that is determined
by the head of an executive agency to have willfully and
intentionally misrepresented the status of that concern as a
small business concern owned and controlled by veterans or as
a small business concern owned and controlled by service-
disabled veterans for the purpose of qualifying for a
contract awarded in accordance with section 8127 of title 38
or as a small business concern owned and controlled by
service-disabled veterans for the purpose of qualifying for a
contract awarded in accordance with the Government-wide goals
for procurement pursuant to section 15(g)(1) of the Small
Business Act (15 U.S.C. 644(g)(1) shall be debarred from
contracting with the Federal Government for a period of not
less than five years.
``(b) Process.--In the case of a debarment under subsection
(a), the head of the executive agency shall commence
debarment action against the business concern by not later
than 30 days after determining that the concern willfully and
intentionally misrepresented the status of the concern as
described in subsection (a) and shall complete debarment
actions against such concern by not later than 90 days after
such determination.
``(c) Consultation.--In making a determination under this
section, the head of an executive agency shall, as
appropriate, consult with the Secretary of Veterans Affairs
and the Administrator of the Small Business Administration.
``(d) Applicability.--The debarment of a business concern
under subsection (a) includes the debarment of all principals
in the business concern for a period of not less than five
years.
``(e) Definitions.--In this section:
``(1) The term `small business concern' has the meaning
given the term in section 3 of the Small Business Act (15
U.S.C. 632).
``(2) The term `small business concern owned and controlled
by veterans' has the meaning given the term in section
8127(l) of title 38.
``(3) The term `small business concern owned and controlled
by service-disabled veterans' has the meaning given the term
in section 3(q)(2) of the Small Business Act (15 U.S.C.
632(q)(2)).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 4712 the following new item:
``4713. Debarment of contractors that fraudulently misrepresent status
for purposes of obtaining certain set aside contracts.''.
(b) Defense Contracts.--
(1) In general.--Chapter 137 of title 10, United States
Code, as amended by section 801, is further amended by
inserting after section 2339a the following new section:
``Sec. 2339b. Debarment of contractors that fraudulently
misrepresent status for purposes of obtaining certain set
aside contracts
``(a) In General.--Any business concern that is determined
by the head of an agency to have willfully and intentionally
misrepresented the status of that concern as a small business
concern owned and controlled by service-disabled veterans for
the purpose of qualifying for a contract awarded in
accordance with the Government-wide goals for procurement
pursuant to section 15(g)(1) of the Small Business Act (15
U.S.C. 644(g)(1) shall be debarred from contracting with the
Federal Government for a period of not less than five years.
``(b) Process.--In the case of a debarment under subsection
(a), the head of the agency shall commence debarment action
against the business concern by not later than 30 days after
determining that the concern willfully and intentionally
misrepresented the status of the concern as described in
subsection (a) and shall complete debarment actions against
such concern by not later than 90 days after such
determination.
``(c) Consultation.--In making a determination under this
section, the head of an agency shall, as appropriate, consult
with the Secretary of Veterans Affairs and the Administrator
of the Small Business Administration.
``(d) Applicability.--The debarment of a business concern
under subsection (a) includes the debarment of all principals
in the business concern for a period of not less than five
years.
``(e) Definitions.--In this section:
``(1) The term `small business concern' has the meaning
given the term in section 3 of the Small Business Act (15
U.S.C. 632).
``(2) The term `small business concern owned and controlled
by service-disabled veterans' has the meaning given the term
in section 3(q)(2) of the Small Business Act (15 U.S.C.
632(q)(2)).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter, as amended by section 801, is
further amended by inserting after the item relating to
section 2339a the following new item:
``2339b. Debarment of contractors that fraudulently misrepresent status
for purposes of obtaining certain set aside contracts.''.
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