CITE

    41 USC Sec. 53                                              01/05/2009

EXPCITE

    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

HEAD

    Sec. 53. Prohibited conduct

STATUTE

      It is prohibited for any person -
        (1) to provide, attempt to provide, or offer to provide any
      kickback;
        (2) to solicit, accept, or attempt to accept any kickback; or
        (3) to include, directly or indirectly, the amount of any
      kickback prohibited by clause (1) or (2) in the contract price
      charged by a subcontractor to a prime contractor or a higher tier
      subcontractor or in the contract price charged by a prime
      contractor to the United States.

SOURCE

    (Mar. 8, 1946, ch. 80, Sec. 3, 60 Stat. 38; Pub. L. 86-695, Sept.
    2, 1960, 74 Stat. 741; Pub. L. 99-634, Sec. 2(a), Nov. 7, 1986, 100
    Stat. 3524.)

AMENDMENTS

      1986 - Pub. L. 99-634 amended section generally. Prior to
    amendment, section read as follows: "For the purpose of
    ascertaining whether such fees, commissions, compensation, gifts,
    or gratuities have been paid or granted by a subcontractor, the
    General Accounting Office shall have the power to inspect the
    plants and to audit the books and records of any prime contractor
    or subcontractor engaged in the performance of a negotiated
    contract."
      1960 - Pub. L. 86-695 substituted "negotiated contract" for "cost-
    plus-a-fixed-fee or cost reimbursable contract".
                     EFFECTIVE DATE OF 1986 AMENDMENT
      Amendment by Pub. L. 99-634 effective with respect to conduct
    described in this section which occurs on or after Nov. 7, 1986,
    see section 3(a) of Pub. L. 99-634, set out as a note under section
    51 of this title.