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Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 -> 59,740; repo total 105,704 records. Deterministic (byte-identical rerun, verified on Title 42's 8,356 sections); make check green. make legal-us-code default now covers every title. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
64 lines
3.6 KiB
Markdown
64 lines
3.6 KiB
Markdown
---
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type: "LegalText"
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title: "41 U.S.C. § 8701"
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description: "Definitions"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 41
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title_name: "PUBLIC CONTRACTS"
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chapter_number: "87"
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chapter_name: "KICKBACKS"
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section: "8701"
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citation: "41 U.S.C. § 8701"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc41@119-100.zip"
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source_identifier: "/us/usc/t41/s8701"
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source_file: "data/legal/raw/us/code/title-41/usc41.xml"
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source_hash: "81b5710f030fd83af71c1b686e2153e3bc8bbb84625b07bc2a623ff56e3c25ba"
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raw_snapshot_hash: "0977ff7e7fefd99bbd25a86e009a9e4c2707301ec8c49233d17b6604e38702e3"
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text_hash: "9368a6e0ceaad82da0174eb755a6dba97a87be12670b655a34efa3aa0a11ac85"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 41 U.S.C. § 8701 - Definitions
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## Text
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In this chapter:
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(1) Contracting agency.— The term “contracting agency”, when used with respect to a prime contractor, means a department, agency, or establishment of the Federal Government that enters into a prime contract with a prime contractor.
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(2) Kickback.— The term “kickback” means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind that is provided to a prime contractor, prime contractor employee, subcontractor, or subcontractor employee to improperly obtain or reward favorable treatment in connection with a prime contract or a subcontract relating to a prime contract.
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(3) Person.— The term “person” means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.
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(4) Prime contract.— The term “prime contract” means a contract or contractual action entered into by the Federal Government to obtain supplies, materials, equipment, or services of any kind.
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(5) Prime contractor.— The term “prime contractor” means a person that has entered into a prime contract with the Federal Government.
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(6) Prime contractor employee.— The term “prime contractor employee” means an officer, partner, employee, or agent of a prime contractor.
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(7) Subcontract.— The term “subcontract” means a contract or contractual action entered into by a prime contractor or subcontractor to obtain supplies, materials, equipment, or services of any kind under a prime contract.
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(8) Subcontractor.— The term “subcontractor”—
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(A) means a person, other than the prime contractor, that offers to furnish or furnishes supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with the prime contract; and
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(B) includes a person that offers to furnish or furnishes general supplies to the prime contractor or a higher tier subcontractor.
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(9) Subcontractor employee.— The term “subcontractor employee” means an officer, partner, employee, or agent of a subcontractor.
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(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3838.)
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## Notes
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Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 870141:52.Mar. 8, 1946, ch. 80, § 2, 60 Stat. 37; Pub. L. 86–695, Sept. 2, 1960, 74 Stat. 740; Pub. L. 99–634, § 2(a), Nov. 7, 1986, 100 Stat. 3523. In this section, the text of 41:52(3) is omitted because of the definition of “person” in 1:1. In paragraph (2), the words “directly or indirectly” are omitted as unnecessary.
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Senate Revision AmendmentSenate amendment 4726 (111th Cong.) added par. (3) and redesignated former pars. (3) to (8) as (4) to (9), respectively. See 156 Cong. Rec. 18683 (2010).
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