Page:United States Statutes at Large Volume 100 Part 5.djvu/49

 PUBLIC LAW 99-634—NOV. 7, 1986

100 STAT. 3523

Public Law 99-634 99th Congress An Act To strengthen the prohibition of kickbacks relating to subcontracts under Federal Government contracts.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "Anti-Kickback Enforcement Act of 1986". SEC. 2. (a) The Act entitled "An Act to eliminate the practice by subcontractors, under cost-plus-a-fixed-fee or cost reimbursable contracts of the United States, of paying fees or kickbacks, or of granting gifts or gratuities to employees of a cost-plus-fixed-fee or cost reimbursable prime contractors or of higher tier subcontractors for the purpose of securing the award of subcontracts or orders", approved March 8, 1946 (41 U.S.C. 51-54), is amended to read as follows:

Nov. 7, 1986 [S. 2250] Anti-Kickback Enforcement Act of 1986. 41 USC 51 note.

" S H O R TITLE

"SECTION

1. This Act may be cited as the 'Anti-Kickback Act of

1986'. "DEFINITIONS

"SEC. 2. As used in this Act: "(1) The term 'contracting agency', when used with respect to a prime contractor, means any department, agency, or establishment of the United States which enters into a prime contract with a prime contractor. "(2) The term 'kickback' means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to any prime contractor, prime contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract. "(3) The term 'person' means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual. "(4) The term 'prime contract* means a contract or contractual action entercMi into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind. "(5) The term 'prime contractor' means a person who has entered into a prime contract with the United States. "(6) The term 'prime contractor employee' means any officer, partner, employee, or agent of a prime contractor. "(7) The term 'subcontract' means a contract or contractual action entered into by a prime contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract. "(8) The term 'subcontractor'—

Anti-Kickback Act of 1986. 41 USC 51. 41 USC 52.

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