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Outside Counsel Deskbook
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Chapters

  1. Representing the FDIC
  2. Conflicts of Interest
  3. Legal Services Agreement
  4. Legal Referral
  5. Case Management
  6. Case Plan and Budget
  7. Invoice Package
  8. Legal Matter Closeout
  9. Post-Representation
      Responsibilities
 10. Foreign Laws Firms
 Appendices
  1. Contacts
  2. Statutory Compliance
  3. Electronic Billing / Timekeeping
     
  4. Legal Services -
    Delegations of Authority
  1. Litigation & Resolutions Branch
  2. Corporate Operations Branch
  3. Supervision Branch
  4. Consumer & Legislation Branch

Appendix B - Statutory Compliance

Appendix B provides a list of certain provisions of federal law with which Outside Counsel
must comply.


Acts of October 23, 1989 (Byrd Amendment) as amended
31 U.S.C. § 1352

Prohibits federal government contractors from using monies received from federal contracts,
grants, loans or cooperative agreements to lobby Congress or the Executive Branch in
order to influence the award, extension or modification of a contract, grant or financial
transaction.
The Implementation Statement and certification and disclosure forms can be found in Byrd Amendment.

Age Discrimination in Employment Act
29 U.S.C. §§ 621-634

Prohibits employers from discriminating on the basis of age.

Americans with Disabilities Act
42 U.S.C. §§ 12101-12117

Prohibits discrimination in employment based on a physical or mental handicap.

Anti-Kickback Act of 1986
41 U.S.C. §§ 51-58

Prohibits the solicitation, payment and inclusion in contract price of kickbacks related to a federal contract.

Assignment of Claims Act of 1940
41 U.S.C. § 15;  31 U.S.C. § 3727

Controls the assignment of federal contract claims.

Civil Rights Act of 1964, as amended
42 U.S.C. §§ 2000e et seq.

Prohibits employers from discriminating in hiring, discharging, compensation,
or terms, conditions, and privileges of employment based on race, color, religion, sex or national origin.

Conspiracy to Defraud the Government
18 U.S.C. § 286

Identifies penalties for conspiracy to defraud.

Minimum Standards of Integrity and Fitness for an FDIC Contractor
(Contractor Conflicts of Interest)
12 C.F.R. Part 366

Implements the requirements of 12 U.S.C. §§ 1822(f)(3) and (4). Refer to Conflicts of Interest.

Debt Collection Act
31 U.S.C. § 3701 (b)(1)(C)

Establishes the authority for the collection of monies owed the FDIC.

Debt Collection Improvement Act of 1996
31 U.S.C. § 3332

Requires all federal payments, including vendor payments and expense
reimbursements, be made by electronic funds transfer (EFT).

Drug-Free Workplace Act of 1988
41 U.S.C. §§ 701-707

Requires drug-free workplace.

False Claims Act of 1863
31 U.S.C. § 3729

Identifies penalties for knowingly presenting false claims.

False, Ficitious or Fraudulent Claims
18 U.S.C. § 287

Identifies penalties for making or presenting false, fictitious or fraudulent claims.

False Statements or Entries
18 U.S.C. § 1001

Identifies penalties for making false statements or entries.

Federal Property and Administrative Services Act of 1949
41 U.S.C. §§ 254(a) and 254d

Prohibits payment of contingent fees in federal contracts (§ 254(a)) and
requires retention of contractor records and authorizes examination and
audit of contractor records (§ 254d).

Financial Institutions Reform, Recovery, and Enforcement Act of 1989
12 U.S.C. § 1833e(c)

Requires establishment of Minority Outreach Program.

Forfeiture of Fraudulent Claims
28 U.S.C. § 2514

Identifies penalties for participation in fraudulent claims.

Inspector General Act of 1978 as amended
5 U.S.C. app. §§ 1-12

Establishes and identifies the authority of the office of inspector general.

Interests of Members of Congress
41 U.S.C. § 22

Prohibits participation by members of Congress in government contracts.

Internal Revenue Code
26 U.S.C. §§ 6041, 6041A, 6050M

Taxpayer Identification Number (TIN) and returns relating to persons receiving
contracts from federal executive agencies.

International Air Transportation Competition Act of 1979
49 U.S.C. § 40118

Regulates use of federal funds for air transportation.

Obstruction of Federal Audit
18 U.S.C. § 1516

Identifies penalties for obstructing a federal audit.

Rehabilitation Act of 1973
29 U.S.C. § 793

Employment under federal contracts for disabled workers.

Service of Process
12 C.F.R. §§ 309.7 (b) – (c)

Identifies FDIC’s notification and authorization requirements.

Vietnam Era Veterans’ Readjustment Assistance Act of 1974
38 U.S.C. § 4212

Veterans’ employment emphasis under federal contracts.  

 



Last Updated 05/20/2005 legal@fdic.gov