25 U.S.C. § 5306 — Criminal activities involving grants, con-

Page 722 TITLE 25—INDIANS § 5306 1 See References in Text note below. (Pub. L. 93–638, § 5, formerly § 5 and title I, § 108, Jan. 4, 1975, 88 Stat. 2204, 2212; renumbered and amended Pub. L. 100–472, title I, § 104, title II, § 208, Oct. 5, 1988, 102 Stat. 2287, 2296; Pub. L. 100–581, title II, § 209, Nov. 1, 1988, 102 Stat. 2940; Pub. L. 101–301, § 2(a)(4), May 24, 1990, 104 Stat. 206; Pub. L. 101–644, title II, § 202(3), Nov. 29, 1990, 104 Stat. 4665; Pub. L. 103–413, title I, § 102(2), Oct. 25, 1994, 108 Stat. 4250; Pub. L. 116–180, title II, § 201(b), Oct. 21, 2020, 134 Stat. 879.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(1) and (f)(1), was in the original ‘‘this Act’’, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-De- termination and Education Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. Section 5325(a)(3) of this title, referred to in subsec. (d), was repealed and a new subsec. (a)(3) of section 5325 was added by Pub. L. 103–413, title I, § 102(14)(C), Oct. 25, 1994, 108 Stat. 4257. See section 5325(a)(4) of this title. CODIFICATION Section was formerly classified to section 450c of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2020—Subsec. (b). Pub. L. 116–180, § 201(b)(1), sub- stituted ‘‘after the retention period for the report that is submitted to the Secretary under subsection (a)’’ for ‘‘after completion of the project or undertaking re- ferred to in the preceding subsection of this section’’ and inserted at end ‘‘The retention period shall be de- fined in regulations promulgated by the Secretary pur- suant to section 5373 of this title.’’ Subsec. (f)(1). Pub. L. 116–180, § 201(b)(2), inserted ‘‘if the Indian Tribal organization expends $500,000 or more in Federal awards during such fiscal year’’ after ‘‘under this chapter,’’. 1994—Subsec. (f). Pub. L. 103–413 added subsec. (f) and struck out former subsec. (f) which read as follows: ‘‘For each fiscal year during which an Indian tribal or- ganization receives or expends funds pursuant to a con- tract or grant under this chapter, the Indian tribe which requested such contract or grant shall submit to the appropriate Secretary a report including, but not limited to, an accounting of the amounts and purposes for which Federal funds were expended, information on the conduct of the program or service involved, and such other information as the appropriate Secretary may request through regulations promulgated under sections 552 and 553 of title 5.’’ 1990—Subsec. (a)(2). Pub. L. 101–301 substituted ‘‘chap- ter 75 of title 31’’ for ‘‘the Single Audit Act of 1984 (98 Stat. 2327, 31 U.S.C. 7501 et seq.),’’. Subsec. (d). Pub. L. 101–644 substituted ‘‘Except as provided in section 13a or 5325(a)(3) of this title,’’ for ‘‘Any’’ and inserted ‘‘through the respective Secretary’’ before period at end. 1988—Subsec. (a). Pub. L. 100–472, § 104(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘Each recipient of Federal financial as- sistance from the Secretary of Interior or the Sec- retary of Health, Education, and Welfare, under this chapter, shall keep such records as the appropriate Sec- retary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the cost of the project or undertaking in connection with which such assistance is given or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.’’ Subsec. (e). Pub. L. 100–581 substituted ‘‘to each tribe’’ for ‘‘to tribes’’. Pub. L. 100–472, § 104(b), added subsec. (e). Subsec. (f). Pub. L. 100–472, § 208, redesignated former section 450l of this title as subsec. (f) of this section and inserted ‘‘through regulations promulgated under sec- tions 552 and 553 of title 5’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116–180, title II, § 201(c), Oct. 21, 2020, 134 Stat. 879, provided that: ‘‘The amendment made by sub- section (b)(2) [amending this section] shall not take ef- fect until 14 months after the date of enactment of this Act [Oct. 21, 2020].’’ § 5306. Criminal activities involving grants, con- tracts, etc.; penalties Whoever, being an officer, director, agent, or employee of, or connected in any capacity with, any recipient of a contract, subcontract, grant, or subgrant pursuant to this chapter or the Act of April 16, 1934 (48 Stat. 596), as amended [25 U.S.C. 5342 et seq.], embezzles, willfully misapplies, steals, or obtains by fraud any of the money, funds, assets, or property which are the subject of such a grant, subgrant, contract, or subcontract, shall be fined not more than $10,000 or imprisoned for not more than two years, or both, but if the amount so embezzled, mis- applied, stolen, or obtained by fraud does not ex- ceed $100, he shall be fined not more than $1,000 or imprisoned not more than one year, or both. (Pub. L. 93–638, § 6, Jan. 4, 1975, 88 Stat. 2205.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, known as the Indian Self-Determination and Edu- cation Assistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. Act of April 16, 1934, referred to in text, is act Apr. 16, 1934, ch. 147, 48 Stat. 596, popularly known as the John- son-O’Malley Act, which is classified generally to sec- tion 5342 et seq. of this title. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. CODIFICATION Section was formerly classified to section 450d of this title prior to editorial reclassification and renumbering as this section. § 5307. Wage and labor standards (a) Similar construction in locality All laborers and mechanics employed by con- tractors or subcontractors (excluding tribes and tribal organizations) in the construction, alter- ation, or repair, including painting or deco- rating of buildings or other facilities in connec- tion with contracts or grants entered into pur- suant to this chapter, shall be paid wages at not less than those prevailing on similar construc- tion in the locality, as determined by the Sec- retary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. With respect to construction, alteration, or repair work to which the Act of March 3, 1921 1 is applicable