Page:United States Statutes at Large Volume 102 Part 5.djvu/627

 PUBLIC LAW 100-700—NOV. 19, 1988

102 STAT. 4633

failure to comply, if the charges which are the subject of the proceeding involve fraud or similar offenses; "(4) a decision to debar or suspend the contractor or rescind, void, or terminate a contract for default, by reason of such violation or failure to comply; or "(5) the resolution of the proceeding by consent or compromise, where the penalty or relief sought by the government included the actions described in paragraphs (1) through (5). "(b) In any proceeding brought by the United States or a State government that does not result in any of the actions described in paragraphs (1) through (5) of subsection (a), costs for legal services incurred by a contractor in connection with such proceeding shall not be allowed in excess of the rate specified in the Equal Access to Justice Act (28 U.S.C. 2412(d)(2)(A); 5 U.S.C. 504(a)) unless the responsible contracting officer finds that a special factor (such as the limited availability of qualified attorneys or agents) justifies an award of higher rates. "(c) For purposes of this section— "(1) the term 'covered contract' means a contract for an amount more than $100,000 entered into by a department or agency of the United States other than a fixed-price contract without cost incentives; "(2) the term 'proceeding' mecins a civil, criminal, or an administrative investigation, prosecution, or proceeding; and "(3) the term 'proceeding costs' means all costs relating to a proceeding incurred before, during, or after the commencement of the proceeding, and such term includes— "(A) administrative and clerical expenses; "(B) the cost of legal services (whether performed by an employee of the contractor or otherwise); '(C) the cost of the services of accountants and consultants retained by a contractor; and "(D) the salaries and wages of employees, including officers and directors.". (b) AMENDMENT TO CHAPTER ANALYSIS.—The chapter analysis for chapter 15 of title 18, United States Code, is amended by adding at the end thereof the following: "293. Limitation on Government contract costs.".

(c) APPLICABILITY.—The amendments made by this section shall apply to contracts entered into after the date of the enactment of this Act. SEC. 4. ESTABLISHMENT OF ADDITIONAL ASSISTANT UNITED STATES ATTORNEY AND SUPPORT PROVISIONS. (a) ESTABLISHMENT OF POSITIONS.—Subject to the funding authorization limitations in section 5(a), there are hereby established within the Department of Justice additioned Assistant United States Attorney positions and additional support staff positions for prosecuting csises under both the criminal and civil statutes. (b) FUNCTION OF PERSONNEL.—The primary function of individuals selected for the positions specified in subsection (a) shall be dedicated to the investigation and prosecution of fraud against the Government. (c) LOCATIONS.—The Attorney General shall determine the locations for assignment of such personnel. In making such determination the Attorney General shall consider concentrations of

18 USC 293 note.

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