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41 USC Sec. 51                                              01/05/2009
EXPCITE
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.)
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".
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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