Small Business Contracting Fraud Prevention Act of 2011

Bill: 112-s-633
Sponsor: Sen. Snowe, Olympia J. [R-ME]
Introduced: 2011-03-17 in the Senate
Policy area: Commerce
Subjects: Congressional oversight
Disability and paralysis
Economic development
Fraud offenses and financial crimes
Government information and archives
Minority and disadvantaged businesses
Public contracts and procurement
Small business
Veterans' education, employment, rehabilitation
Women in business

Summary:
action_date: 2011-03-17
text: 
Small Business Contracting Fraud Prevention Act of 2011 - Amends the Small Business Act to include under penalties for misrepresentation a business that misrepresents itself as a small business owned and controlled by service-disabled veterans. Includes under such penalties misrepresentation for purposes of the award of a grant or cooperative agreement through the Small Business Administration (SBA). (Current law addresses only awards of prime contracts or subcontracts.) Expands authorized remedies to include civil remedies available under the False Claims Act, as well as the amount actually received from the federal government under a contract, grant or cooperative agreement, or losses sustained. Provides additional events or instances under which a person shall be considered to have misrepresented its status.
 
Requires an entity seeking status as a small business owned and controlled by service-disabled veterans to submit an annual certification of such status, and to register with specified databases that track veteran small businesses. Directs: (1) the Secretary of Veterans Affairs (VA) to verify such status; and (2) the head of a federal agency awarding a sole source contract to such business to use the appropriate database to verify such status. Provides for small business debarment and suspension for violations.
 
Amends the 8(a) (SBA general small business loan) program to direct the Comptroller General, every three years, to evaluate the 8(a) program and report evaluation results to the congressional small business committees. Requires related 8(a) program oversight by the SBA Administrator.
 
Directs the Administrator to: (1) ensure the accuracy and revision of HUBZone (heavily underutilized business zone) maps; (2) ensure that only small businesses determined to be qualified to participate in HUBZone programs are participating; and (3) develop measures and implement plans to assess the effectiveness of the HUBZone program.
 
Requires an annual report from the Administrator on suspensions, debarments, and prosecutions related to unauthorized participation in, or misrepresentation under, SBA programs.

action_date: 2011-09-21
text: 
Small Business Contracting Fraud Prevention Act of 2011 - (Sec. 3) Amends the Small Business Act to include under penalties for misrepresentation a business that misrepresents itself as a small business owned and controlled by service-disabled veterans. Includes under such penalties misrepresentation for purposes of the award of a grant or cooperative agreement through the Small Business Administration (SBA). (Current law addresses only awards of prime contracts or subcontracts.) Expands authorized remedies to include civil remedies available under the False Claims Act, as well as the amount actually received from the federal government under a contract, grant or cooperative agreement, or losses sustained. Provides additional events or instances under which a person shall be considered to have misrepresented its status.
 
 (Sec. 4) Requires an entity seeking status as a small business owned and controlled by service-disabled veterans to submit an annual certification of such status, and to register with specified databases that track veteran small businesses. Includes as a service-disabled veteran, for such status purposes, a former member of the Armed Forces who is retired or separated due to physical disability. Directs: (1) the Secretary of Veterans Affairs (VA) to verify such status, and (2) the head of a federal agency awarding a sole source contract to such business to use the appropriate database to verify such status. Provides for small business debarment and suspension for violations. Requires the Administrator for Federal Procurement Policy and the Secretary to ensure the appropriate sharing of database information for such purposes. Requires the Secretary, if unable to determine the service-disabled status of the owners of a small business within one year after the enactment of this Act, to submit to the congressional small business and veterans committees an estimate of the date of such determination.
 
 (Sec. 5) Amends the 8(a) (SBA general small business loan) program to direct the Comptroller General, every three years, to evaluate the 8(a) program and report evaluation results to the small business committees. Requires related 8(a) program oversight by the SBA Administrator.
 
 (Sec. 6) Directs the Administrator to: (1) ensure the accuracy and appropriate revision of HUBZone (heavily underutilized business zone) maps, (2) ensure that only small businesses determined to be qualified to participate in HUBZone programs are participating, (3) report to the small business committees on HUBZone small business applications or recertifications, and (4) develop measures and implement plans to assess the effectiveness of the HUBZone program.
 
Revises the definition of "redesignated area" for HUBZone designation purposes to extend the time period during which a census tract or nonmetropolitan county that loses its HUBZone status due to the 2010 census may be so designated.
 
 (Sec. 7) Requires an annual report from the Administrator to the small business committees on suspensions, debarments, and prosecutions related to unauthorized participation in, or misrepresentation under, SBA programs.


Legislative actions:
action_date: 2011-09-22
text: Referred to the House Committee on Small Business.
action_date: 2011-09-22
text: Message on Senate action sent to the House.
action_date: 2011-09-22
text: Received in the House.
action_date: 2011-09-21
text: Passed Senate with amendments by Unanimous Consent. (text: CR S5846-5848)
action_date: 2011-09-21
text: Passed/agreed to in Senate: Passed Senate with amendments by Unanimous Consent.(text: CR S5846-5848)
action_date: 2011-09-21
text: Measure laid before Senate by unanimous consent. (consideration: CR S5846-5848)
action_date: 2011-09-21
text: Senate Committee on Small Business and Entrepreneurship discharged by Unanimous Consent.
action_date: 2011-09-21
text: Senate Committee on Small Business and Entrepreneurship discharged by Unanimous Consent.
action_date: 2011-03-17
text: Read twice and referred to the Committee on Small Business and Entrepreneurship. (text of measure as introduced: CR S1843-1845)
action_date: 2011-03-17
text: Sponsor introductory remarks on measure. (CR S1843)
action_date: 2011-03-17
text: Introduced in Senate