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41 U.S.C. § 4308 — Penalties for submission of cost known to be unallowable
Federal law — U.S. Code and appendices · legal_authorities
The submission to an executive agency of a proposal for settlement of costs for any period after those costs have been accrued that includes a cost that is expressly specified by statute or regulation as being unallowable, with the knowledge that the cost is unallowable, is subject to [section 287 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section287&num=0&edition=prelim) and [section 3729 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3729&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 4308
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Stable record: federal_law:legal_authorities:record_usc_2c856cf8becc5bab07c0ed8d
Source file: Laws/federal/codes/united-states-code/title-41/section-4308-penalties-for-submission-of-cost-known-to-be-unallowable--d81e6202e8.md
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Source location: Title 41, Chapter 43, § 4308; chapter-043-chapter-43.md
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The submission to an executive agency of a proposal for settlement of costs for any period after those costs have been accrued that includes a cost that is expressly specified by statute or regulation as being unallowable, with the knowledge that the cost is unallowable, is subject to [section 287 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section287&num=0&edition=prelim) and [section 3729 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3729&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Whoever makes or presents to any person or officer in the civil, military, or naval service of the United States, or to any department or agency thereof, any claim upon or against the United States, or any department or agency thereof, knowing such claim to be false, fictitious, or fraudulent, shall be imprisoned not more than five years and shall be subject to a fine in the amount provided in this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 287
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Liability for Certain Acts.—**
(1) **In general.—** — Subject to paragraph (2), any person who—
(A) knowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval;
(B) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim;
(C) conspires to commit a violation of subparagraph (A), (B), (D), (E), (F), or (G);
(D) has possession, custody, or control of property or money used, or to be used, by the Government and knowingly delivers, or causes to be delivered, less than all of that money or property;
(E) is authorized to make or deliver a document certifying receipt of property used, or to be used, by the Government and, intending to defraud the Government, makes or delivers the receipt without completely knowing that the information on the receipt is true;
(F) knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the Government, or a member of the Armed Forces, who lawfully may not sell or pledge property; or
(G) knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to the Government, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Government,
is liable to the United States Government for a civil penalty of not less than $5,000 and not more than $10,000, as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990 ([28 U.S.C. 2461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2461&num=0&edition=prelim) note; Public Law 104–410 11 So in original. Probably should be “101–410”.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3729
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Federal law — U.S. Code and appendices · legal_authorities
Page 134
TITLE 41—PUBLIC CONTRACTS
§ 4306
(2) PRESENCE
OF
CONTRACT
AUDITOR.—The
Federal Acquisition Regulation shall provide
that, to the maximum extent practicable, a
contract auditor be present at any negotiation
or meeting with the contractor regarding a de-
termination of the allowability of indirect
costs of the contractor.
(3) SETTLEMENT TO REFLECT AMOUNT OF INDI-
VIDUAL QUESTIONED COSTS.—The Federal Acqui-
sition Regulation shall require that all cat-
egories of costs designated in the report of a
contract auditor as questioned with respect to
a proposal for settlement be resolved in a
manner so that the amount of the individual
questioned costs that are paid will be reflected
in the settlement.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3787.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
4305(a) ........
41:256(f)(1) (1st, 2d
sentences).
June 30, 1949, ch. 288, title
III, § 306(f), as added Pub.
L. 100–700, § 8(a)(1), Nov.
19, 1988, 102 Stat. 4634;
Pub. L. 103–355, title II,
§ 2151, Oct. 13, 1994, 108
Stat. 3312.
4305(b) ........
41:256(f)(1) (last sen-
tence).
4305(c) ........
41:256(f)(2)–(4).
§ 4306. Applicability of regulations to subcontrac-
tors
The regulations referred to in sections 4304
and 4305(a) and (b) of this title shall require
prime contractors of a covered contract, to the
maximum extent practicable, to apply the provi-
sions of those regulations to all subcontractors
of the covered contract.
(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3788.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
4306 ............
41:256(g).
June 30, 1949, ch. 288, title
III, § 306(g), as added Pub.
L. 100–700, § 8(a)(1), Nov.
19, 1
Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 4308
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.