Page:United States Statutes at Large Volume 100 Part 5.djvu/50

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 3524

PUBLIC LAW 99-634—NOV. 7, 1986 "(A) means any person, other than the prime contractor, who offers to furnish or furnishes any supplies, materi^s, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime

contract; and "(B) includes any person who offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor. "(9) The term 'subcontractor employee' means any officer, partner, employee, or agent of a subcontractor. "PROHIBITED CONDUCT

41 USC 53.

7'

"SEC. 3. 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. "CRIMINAL PENALTIES

41 USC 54.

"SEC. 4. Any person who knowingly and willfully engages in conduct prohibited by section 3 shall be imprisoned for not more than 10 years or shall be subject to a fine in accordance with title 18, United States Code, or both. "CIVIL ACTIONS

41 USC 55.

"SEC. 5. (a)(1) The United States may, in a civil action, recover a civil penalty from any person who knowingly engages in conduct prohibited by section 3. The amount of such civil penalty shall be— "(A) twice the amount of each kickback involved in the violation; and "(B) not more than $10,000 for each occurrence of prohibited conduct. "(2) The United States may, in a civil action, recover a civil penalty from any person whose employee, subcontractor or subcontractor employee violates section 3 by providing, accepting, or charging a kickback. The amount of such civil penalty shall be the amount of that kickback. "(b) A civil action under this section shall be barred unless the action is commenced within 6 years after the later of (1) the date on which the prohibited conduct establishing the cause of action occurred, and (2) the date on which the United States first knew or should reasonably have Imown that the prohibited conduct had occurred. "ADMINISTRATIVE OFFSETS

41 USC 56.

"SEC. 6. (a) A contracting officer of a contracting agency may offset the amount of a kickback provided, accepted, or charged in violation of section 3 against any moneys owed by the United States to the prime contractor under the prime contract to which such kickback relates.