3384

LAWS OF MARYLAND

Ch. 840

Legislative Policy Committee, summarizing the information
submitted under SUBPARAGRAPH (I) OF this paragraph by
procurement agencies.

(3) The Legislative Policy Committee shall direct at
least 1 standing committee of the House of Delegates and 1
standing committee of the Senate of Maryland to review annually
the performance of State agencies under this [subtitle] SECTION
as reported in paragraphs (1) and (2) of this subsection.

(d)   [A department may suspend the provisions of subsection
(b) if it concludes they conflict with any applicable federal
program requirement. Any such suspension shall be in writing and
shall be included with the report required by subsection (c).]
(I) THE PROVISIONS OF SUBSECTION (B) OF THIS SECTION ARE
INAPPLICABLE TO THE EXTENT ANY DEPARTMENT DETERMINES THAT THEY
ARE IN CONFLICT WITH ANY APPLICABLE FEDERAL PROGRAM REQUIREMENT.

(II) THE DETERMINATION SHALL BE IN WRITING AND
SHALL BE INCLUDED WITH THE REPORT REQUIRED UNDER SUBSECTION (C)
OF THIS SECTION.

(e)  (1) [A person may not] IT IS A VIOLATION OF THIS
SECTION TO:

(i) [Fraudulently] FRAUDULENTLY obtain, retain,
attempt to obtain or retain, or aid another in fraudulently
obtaining or retaining or attempting to obtain or retain
certification as a minority business enterprise for the purposes
of this [subtitle] SECTION;

(ii) [Willfully] WILLFULLY make a false
statement, whether by affidavit, report, or other representation,
to a State official or employee for the purpose of influencing
the certification or denial of certification of any entity as a
minority business enterprise;

(iii) [Willfully] WILLFULLY obstruct, impede, or
attempt to obstruct or impede any State official or employee who
is investigating the qualifications of a business entity which
has requested certification as a minority business enterprise; or

(iv) [Fraudulently] FRAUDULENTLY obtain,
attempt to obtain, or aid another person in fraudulently
obtaining or attempting to obtain, public moneys to which the
person is not entitled under this subtitle.

(2)  Any person who violates the provisions of this
subsection is guilty of a felony and upon conviction is subject
to imprisonment for a period of not more than 5 years, or a fine
of not more than $10,000, or both.

(3)  (I) Any person convicted of having violated a
provision of this subsection or who has admitted, in writing or
under oath, during the course of an official investigation or