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Outside Counsel Deskbook, Legal Forms, and Related Links

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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 at Byrd Amendment Implementation Statement.

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 Procedures.

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) unless the Treasury Secretary decides otherwise.

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

Requires drug-free workplace for federal contractors.

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

Identifies penalties for making or presenting false, fictitious or fraudulent claims against the United States Government.

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

Identifies penalties for making or presenting false, fictitious or fraudulent claims against the United States Government.

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

Identifies penalties for knowingly and willfully making false statements or entries.

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

Requires FDIC establishment of a Minority Outreach Program.

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

Identifies penalties for participation in fraudulent claims against the United States Government.

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

Establishes criteria regarding the 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 for persons who have been served with process who have FDIC documents in their possession.

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

Veterans’ employment emphasis under federal contracts.