
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 41USC53]

 
                       TITLE 41--PUBLIC CONTRACTS
 
                      CHAPTER 1--GENERAL PROVISIONS
 
Sec. 53. Prohibited conduct

    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.

(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.

                  Section Referred to in Other Sections

    This section is referred to in sections 51, 52, 54, 55, 56, 57, 58 
of this title.
