102 STAT. 3874	PUBLIC LAW 100-656—NOV. 15, 1988
"(C)(i) The employees designated in clause (ii) shall annually
submit a written certification to the Administration regarding
compliance with the requirements of this paragraph.
"(ii) The employees referred to in clause (i) are—
"(I) regional administrators;
"(II) district directors;
"(III) the Associate Administrator for Minority Small Business
and Capital Ownership Development;
"(IV) employees whose principal duties relate to the award of
contracts or the provision of other assistance pursuant to this
subsection or section 7(j)(10); and
"(V) such other employees as the Administrator may deem
appropriate.
Law	"(iii) Any present or former employee of the Administration who
enforcement and   violates this paragraph shall be subject to a civil penalty, assessed
crime-	by the Attorney General, that shall not exceed 300 per centum of
the maximum amount of gain such employee realized or could have
realized as a result of engaging in those activities and transactions
prescribed by subparagraph (B).
"(iv) In addition to any other remedy or sanction provided for
under law or regulation, any person who falsely certifies pursuant
to clause (i) shall be subject to a civil penalty under the Program
Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801-3812)."
SEC. 403. POLITICALLY MOTIVATED ACTIVITIES.
Section 8(a) of the Small Business Act (15 U.S.C. 637(a)) is
amended by adding at the end the following:
"(19)(A) Any employee of the Administration who has authority to
take, direct others to take, recommend, or approve any action with
respect to any program or activity conducted pursuant to this
subsection or section 7(j), shall not, with respect to any such action,
exercise or threaten to exercise such authority on the basis of the
political activity or affiliation of any party. Employees of the
Administration shall expeditiously report to the Inspector General
of the Administration any such action for which such employee's
participation has been solicitated or directed.
"(B) Any employee who willfully and knowingly violates subpara-
graph (A) shall be subject to disciplinary action, imposed by the
Administrator, which may consist of separation from service, reduc-
tion in grade, suspension, or reprimand.
"(C) Subparagraph (A) shall not apply to any action taken as a
penalty or other enforcement of a violation of any law, rule, or
regulation prohibiting or restricting political activity.
"(D) The prohibitions of subparagraph (A), and remedial measures
provided for under subparagraphs (B) and (C) with regard to such
prohibitions, shall be in addition to, and not in lieu of, any other
prohibitions, measures or liabilities that may arise under any other
provision of law.".
SEC. 404. REPORTS BY PROGRAM PARTICIPANTS.
Section 8(a) of the Small Business Act (15 U.S.C. 637(a)) is further
amended by adding at the end thereof the following new paragraph:
"(20XA) Small business concerns participating in the Program
under section 7(jX10) and eligible to receive contracts pursuant to
this section shall semiannually report to their assigned business
opportunity specialist the following: