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S 2250 - 99

Anti-Kickback Act of 1986

Became Public Law No: 99-634.

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Summary

36 Passed House amended Apr 4, 2004

(Measure passed House, amended, in lieu of H.R. 4783) Anti-Kickback Act of 1986 - Amends the Anti-Kickback Act to rename it the Anti-Kickback Act of 1986 and to revise its provisions regarding kickback practices by subcontractors. Prohibits the payment of kickbacks, the acceptance of kickbacks, the solicitation of kickbacks, attempted kickbacks, and the inclusion of kickback costs in contract expenses ultimately borne by the United States. Increases criminal and civil penalties for such conduct. Authorizes the recovery of kickback costs through administrative offsets. Requires prime contractors to report kickback violations to appropriate agency officials or the Department of Justice. Authorizes the contracting agency to inspect the facilities and audit the records and books of the prime contractor. (Currently, only the General Accounting Office has such authority.) Requires each prime contract to contain requirements that the prime contractor: (1) follow reasonable procedures designed to prevent and detect kickback violations; and (2) cooperate with any Federal investigation of a kickback violation.

35 Passed Senate amended Apr 4, 2004

(Measure passed Senate, amended) Anti-Kickback Enforcement Act of 1986 - Amends the Anti-Kickback Act to rename it the Anti-Kickback Act of 1986 and to revise its provisions regarding kickback practices by subcontractors. Prohibits the payment of kickbacks, the acceptance of kickbacks, attempted kickbacks, and the inclusion of kickback costs in contract expenses ultimately borne by the United States. Increases criminal and civil penalties for such conduct. Authorizes the termination of any prime contract for default if a kickback violation by a subcontractor has occurred. Requires prime contractors to report kickback violations to appropriate agency officials or the Department of Justice. Authorizes the contracting agency to inspect the facilities and audit the records and books of the prime contractor. (Currently, only the General Accounting Office has such authority.) Authorizes the recovery by the U.S. of kickback costs through administrative offsets. Requires each prime contract to contain requirements that the prime contractor: (1) follow reasonable procedures designed to prevent and detect kickback violations; and (2) cooperate with any Federal investigation of a kickback violation.

01 Reported to Senate with amendment(s) Apr 4, 2004

(Reported to Senate from the Committee on Governmental Affairs with amendment, S. Rept. 99-435) Anti-Kickback Enforcement Act of 1986 - Amends the Anti-Kickback Act to rename it the Anti-Kickback Act of 1986 and to revise its provisions regarding kickback practices by subcontractors. Prohibits the payment of kickbacks, the acceptance of kickbacks, attempted kickbacks, and the inclusion of kickback costs in contract expenses ultimately borne by the United States. Increases criminal and civil penalties for such conduct. Authorizes the termination of any prime contract for default if a kickback violation by a subcontractor has occurred. Authorizes the recovery by the U.S. of kickback costs through administrative offsets. Requires each prime contract to contain requirements that the prime contractor: (1) follow reasonable procedures designed to prevent and detect kickback violations; and (2) cooperate with any Federal investigation of a kickback violation. Requires prime contractors to report kickback violations to appropriate agency officials or the Department of Justice. Authorizes the contracting agency to inspect the facilities and audit the records and books of the prime contractor. (Currently, only the General Accounting Office has such authority.)

00 Introduced in Senate Apr 4, 2004

Anti-Kickback Enforcement Act of 1986 - Amends the Anti-Kickback Act to rename it the Anti-Kickback Act of 1986 and to revise its provisions regarding kickback practices by subcontractors. Prohibits the payment of kickbacks, the acceptance of kickbacks, attempted kickbacks, and the inclusion of kickback costs in contract expenses ultimately borne by the United States. Increases criminal and civil penalties for such conduct. Authorizes the termination of any prime contract for default if a kickback violation by a subcontractor has occurred. Authorizes the recovery of kickback costs through administrative offsets. Requires prime contractors to report kickback violations to appropriate agency officials or the Department of Justice. Requires employees of prime contractors to file annual declarations with the contracting agency listing compensation of any kind received from subcontractors in the previous year. Authorizes the contracting agency to inspect the facilities and audit the records and books of the prime contractor. (Currently, only the General Accounting Office has such authority.)

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Timeline

Nov 7, 1986

Signed by President.

Nov 7, 1986

Signed by President.

Nov 7, 1986

Became Public Law No: 99-634.

Nov 7, 1986

Became Public Law No: 99-634.

Oct 30, 1986

Presented to President.

Oct 30, 1986

Presented to President.

Oct 19, 1986

Measure Signed in Senate.

Oct 15, 1986

Resolving differences -- Senate actions: Senate agreed to the House amendment by Voice Vote.

Oct 15, 1986

Senate agreed to the House amendment by Voice Vote.

Oct 8, 1986

Message on House action received in Senate and held at desk: House amendments to Senate bill.

Oct 7, 1986

House Committee on Government Operations Discharged by Unanimous Consent.

Oct 7, 1986

House Committee on Government Operations Discharged by Unanimous Consent.

Oct 7, 1986

House Committee on The Judiciary Discharged by Unanimous Consent.

Oct 7, 1986

House Committee on The Judiciary Discharged by Unanimous Consent.

Oct 7, 1986

Called up by House by Unanimous Consent.

Oct 7, 1986

Passed/agreed to in House: Passed House (Amended) by Voice Vote.

Oct 7, 1986

Passed House (Amended) by Voice Vote.

Sep 18, 1986

Referred to Subcommittee on Administrative Law and Governmental Relations.

Sep 16, 1986

Referred to House Committee on Government Operations.

Sep 16, 1986

Referred to House Committee on The Judiciary.

Sep 12, 1986

Measure laid before Senate by unanimous consent.

Sep 12, 1986

Committee substitute, as amended, agreed to by Voice Vote.

Sep 12, 1986

Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.

Sep 12, 1986

Passed Senate with an amendment by Voice Vote.

Sep 9, 1986

Committee on Governmental Affairs. Reported to Senate by Senator Roth with an amendment in the nature of a substitute. With written report No. 99-435.

Sep 9, 1986

Committee on Governmental Affairs. Reported to Senate by Senator Roth with an amendment in the nature of a substitute. With written report No. 99-435.

Sep 9, 1986

Placed on Senate Legislative Calendar under General Orders. Calendar No. 890.

Aug 26, 1986

Committee on Governmental Affairs requested executive comment from GAO.

Aug 25, 1986

Committee on Governmental Affairs requested executive comment from Justice Department.

Aug 12, 1986

Committee on Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.

Jul 21, 1986

Subcommittee on Oversight of Government Management. Approved for full committee consideration with amendments favorably.

Apr 21, 1986

Committee on Governmental Affairs requested executive comment from GSA, NASA, GAO, Defense Department, Justice Department.

Mar 26, 1986

Introduced in Senate

Mar 26, 1986

Read twice and referred to the Committee on Governmental Affairs.

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