§ 51. — Short title.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC51]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 1--GENERAL PROVISIONS
Sec. 51. Short title
Sections 51 to 58 of this title may be cited as the ``Anti-Kickback
Act of 1986''.
(Mar. 8, 1946, ch. 80, Sec. 1, 60 Stat. 37; Pub. L. 86-695, Sept. 2,
1960, 74 Stat. 740; Pub. L. 99-634, Sec. 2(a), Nov. 7, 1986, 100 Stat.
3523.)
Amendments
1986--Pub. L. 99-634 amended section generally, substituting short
title provision for provisions relating to fees or kick-backs by
subcontractors on negotiated contracts, recovery thereof by the United
States, conclusive presumption that such payments by such subcontractors
were included in the price of the subcontract or order and ultimately
borne by the United States, and withholding by the prime contractor of
such amounts from sums otherwise due a subcontractor.
1960--Pub. L. 86-695 inserted ``negotiated'' before ``contract'' and
struck out ``, on a cost-plus-a-fixed-fee or other cost reimbursable
basis'' after ``whatsoever'' in cl. (1), and substituted ``setoff'' for
``set-off'' and ``contract'' for ``cost-plus-a-fixed-fee or cost
reimbursable contract,'' before ``or by an action''.
Effective Date of 1986 Amendment
Section 3 of Pub. L. 99-634 provided that:
``(a) Except as provided in subsection (b), the Anti-Kickback Act of
1986 (as set out in section 2(a)) [sections 51 to 58 of this title]
shall take effect with respect to conduct described in section 3 of such
Act [section 53 of this title] which occurs on or after the date of the
enactment of this Act [Nov. 7, 1986].
``(b) Subsections (a) and (b) of section 7 of the Anti-Kickback Act
of 1986 (as set out in section 2(a)) [section 57(a) and (b) of this
title] shall take effect with respect to contract solicitations issued
by an agency, department, or other establishment of the Federal
Government on or after the date which is 90 days after the date of the
enactment of this Act [Nov. 7, 1986].''
Short Title of 1986 Amendment
Section 1 of Pub. L. 99-634 provided: ``That this Act [enacting
sections 55 to 58 of this title, amending this section and sections 52
to 54 of this title, and enacting provisions set out as a note above]
may be cited as the `Anti-Kickback Enforcement Act of 1986'.''
Section Referred to in Other Sections
This section is referred to in section 52 of this title.
