§ 53. — Prohibited conduct.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[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.
