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Outside Counsel Deskbook

Last Updated: February 3, 2022
Outside Counsel Deskbook Printable Format

Outside Counsel Deskbook
Printable PDF Format

Statutory Compliance (Appendix A to the Outside Counsel Deskbook)

Statutory Compliance provides a list of certain provisions of federal law with which Outside Counsel must comply. This list of statutes may not be exhaustive.

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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 at 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 transfer and 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. § 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).

Dodd-Frank Act
Pursuant to Section 342 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act, Public Law 111-203), Outside Counsel must confirm its commitment to the maximum extent possible, the fair inclusion of women and minorities in the workforce of the Outside Counsel and, as applicable, its contractors and subcontractors working on FDIC legal matters.

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, Fictitious 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 Deposit Insurance Act, as amended
12 U.S.C. § 1811 et seq. (
FDIC’s enabling statute.

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 a 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.

Whistleblower Protection
All Outside Counsel, including all employees and subcontractors, are subject to the whistleblower rights, remedies and whistleblower protections established at 41 U.S.C. § 4712 ( by Section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) (

Section 889 Prohibition on certain telecommunications and video surveillance services or equipment.
Compliance with applicable portions of Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 Pub. L. 115-232 ( is incumbent on the FDIC and on Outside Counsel providing legal services. The law contains restrictions on the use of certain telecommunications and video surveillance services or equipment. Section 889 is fully incorporated into your firm’s Legal Services Agreement.

Vietnam Era Veterans’ Readjustment Assistance Act of 1974
38 U.S.C. § 4212 (
Veterans’ employment emphasis under federal contracts.