102 STAT. 3876 PUBLIC LAW 100-656—NOV. 15, 1988

"(f) Whoever falsely certifies past compliance with the require-
ments of section 7(jX10XD of this Act shall be subject to the penalties
prescribed in subsection (d).".

SEC. 406. CONGRESSIONALLY REQUESTED INVESTIGATIONS.

(e) INSPECTOR GENERAL INVESTIGATIONS.—Section 10(e) of the
Small Business Act (15 U.S.C. 639(e)) is amended by—

(1) inserting "and the Inspector General of the Administra-
tion" immediately after "Administration", and

(2) adding the following new paragraph:

"(2) The Committee on Small Business of either the Senate or the
House of Representatives may request that the Office of the Inspec-
tor General of the Administration conduct an investigation of any
program or activity conducted under the authority of section 7(j) or
8(a). Not later than thirty days after the receipt of such a request,
the Inspector General shall inform the committee, in writing of the
disposition of the matter by such office.".

SEC. 407. CONTRACT PERFORMANCE.

Section 8(a) of the Small Business Act (15 U.S.C. 637(a)) is further
amended by adding the following new paragraph:

"(21)(A) Subject to the provisions of subparagraph (B), a contract
(including options) awarded pursuant to this subsection shall be
performed by the concern that initially received such contract.
Notwithstanding the provisions of the preceding sentence, if the
owner or owners upon whom eligibility was based relinquish owner-
ship or control of such concern, or enter into any agreement to
relinquish such ownership or control, such contract or option shall
be terminated for the convenience of the Government, except that
no repurchase costs or other damages may be assessed against such
concerns due solely to the provisions of this subparagraph.

"(B) The Administrator may, as a matter of discretion and on a

nondelegable basis, waive the requirements of subparagraph (A) if

requested to do so prior to the actual relinquishment of ownership

or control. In addition to the requirement of the preceding sentence,

a waiver may be given only if any of the following conditions exist:

"(i) When it is necessary for the owners of the concern to

surrender partial control of such concern on a temporary basis

in order to obtain equity financing.

"(ii) The head of the contracting agency for which the con-
tract is being performed certifies that termination of the con-
tract would severely impair attainment of the agency's program
objectives or missions;

'(iii) Ownership and control of the concern that is performing
the contract will pass to another small business concern that is
a program participant, but only if the acquiring firm would
otherwise be eligible to receive the award directly pursuant to
subsection (a);

"(iv) The individuals upon whom eligibility was based are no
longer able to exercise control of the concern due to incapacity
or death; or

Securities. "(v) When, in order to raise equity capital, it is necessary for

the disadvantaged owners of the concern to relinquish owner-
ship of a majority of the voting stock of such concern, but only
if—

"(I) such concern has exited the Capital Ownership Devel-
opment Program;