Appendix A - Statutory Compliance
Appendix A provides a list of certain provisions of federal law with which
Expert and LSS Providers 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
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;
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
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
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. §§
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.