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(c) Whoever, with intent to defraud, knowingly conceals, removes, disposes of, or converts to his own use or 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.

(d)(1) Whoever misrepresents the status of any concern or person as a “small business concern”,, 24 a “qualified HUBZone small business concern”, 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 for oneself or another any

(A) prime contract to be awarded pursuant to section 9, 15, or 31;

(B) subcontract to be awarded pursuant to section 8(a);

(C) 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

(D) prime 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, 25 shall be subject to the penalties and remedies described in paragraph (2). (2) Any person who violates paragraph (1) shall

(A) be punished by a fine of not more than $500,000 or by imprisonment for not more than 10 years, or both;

(B) be subject to the administrative remedies prescribed by the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801-3812);

(C) be subject to suspension and debarment as specified in subpart 9.4 of title 48, Code of Federal Regulations (or any successor regulation) 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; and

(D) be ineligible for participation in any program or activity conducted under the authority of this Act or the Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.) for a period not to exceed 3 years.

(e) Any representation of the status of any concern or person as a "small business concern”,, 26 a "HUBZone small business concern”, 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 subection (d) of this section shall be in writing.

24 So in law.

25 So in law. Language following probably should be aligned with the left margin of paragraph (1).

26 So in law.

(f) Whoever falsely certifies past compliance with the requirements of section 7(i)(10)(I) of this Act shall be subject to the penalties prescribed in subsection (d).

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SELECTED PROVISIONS OF TITLE 5, UNITED STATES

CODE

SELECTED PROVISIONS OF TITLE 5, UNITED STATES

CODE

TITLE 5, UNITED STATES CODE

PART 1—THE AGENCIES GENERALLY

CHAPTER 1-ORGANIZATION

Sec.
101. Executive departments.
102. Military departments.
103. Government corporation.
104. Independent establishment.
105. Executive agency.
$ 101. Executive departments
The Executive departments are:

The Department of State.
The Department of the Treasury.
The Department of Defense.
The Department of Justice.
The Department of the Interior.
The Department of Agriculture.
The Department of Commerce.
The Department of Labor.
The Department of Health and Human Services.
The Department of Housing and Urban Development.
The Department of Transportation.
The Department of Energy.
The Department of Education.

The Department of Veterans Affairs.
$ 102. Military departments
The military departments are:

The Department of the Army.
The Department of the Navy.

The Department of the Air Force.
§ 103. Government corporation
For the purpose of this title

(1) "Government corporation" means a corporation owned or controlled by the Government of the United States; and

(2) “Government controlled corporation” does not include a corporation owned by the Government of the United States.

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