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CITE

    41 USC Sec. 51                                              01/05/2009

EXPCITE

    TITLE 41 - PUBLIC CONTRACTS
    CHAPTER 1 - GENERAL PROVISIONS

HEAD

    Sec. 51. Short title

STATUTE

      Sections 51 to 58 of this title may be cited as the "Anti-
    Kickback Act of 1986".

SOURCE

    (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'."
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