Sec. 4. Federal grant application fraud
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/bill/116/s/3997/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 47 of title 18, United States Code, is amended by adding at the end the following: In this section: The term Federal agency has the meaning given the term agency in section 551 of title 5, United States Code. The term Federal grant — means a grant awarded by a Federal agency; includes a subgrant awarded by a non-Federal entity to carry out a Federal grant program; and does not include— direct United States Government cash assistance to an individual; a subsidy; a loan; a loan guarantee; or insurance.
The term Federal grant application means an application for a Federal grant. The term foreign compensation means a title, monetary compensation, access to a laboratory or other resource, or other benefit received from— a foreign government; a foreign government institution; or a foreign public enterprise. The term foreign government includes a person acting or purporting to act on behalf of— a faction, party, department, agency, bureau, subnational administrative entity, or military of a foreign country; or a foreign government or a person purporting to act as a foreign government, regardless of whether the United States recognizes the government.
The term foreign government institution means a foreign entity owned by, subject to the control of, or subject to regulation by a foreign government. The term foreign public enterprise means an enterprise over which a foreign government directly or indirectly exercises a dominant influence. The term law enforcement agency — means a Federal, State, local, or Tribal law enforcement agency; and includes— the Office of Inspector General of an establishment (as defined in section 12 of the Inspector General Act of 1978 (5 U.S.C.
App.)) or a designated Federal entity (as defined in section 8G(a) of the Inspector General Act of 1978 (5 U.S.C. App.)); and the Office of Inspector General, or similar office, of a State or unit of local government. The term outside compensation means any compensation that is not received from the primary employer of an individual. It shall be unlawful for any individual to knowingly— prepare or submit a Federal grant application that fails to disclose the receipt of any outside compensation, including foreign compensation, by the individual; forge, counterfeit, or otherwise falsify a document for the purpose of obtaining a Federal grant; or prepare, submit, or assist in the preparation or submission of a Federal grant application or document in connection with a Federal grant application that— contains a false statement; contains a material misrepresentation; has no basis in law or fact; or fails to disclose a material fact.
Subsection
(b)does not apply to an activity— carried out in connection with a lawfully authorized investigative, protective, or intelligence activity of— a law enforcement agency; or a Federal intelligence agency; or authorized under chapter 224. Any individual who violates subsection (b)— shall be fined in accordance with this title, imprisoned for not more than 5 years, or both; and shall be prohibited from receiving a Federal grant during the 5-year period beginning on the date on which a sentence is imposed on the individual under paragraph (1). . The table of sections for chapter 47 of title 18, United States Code, is amended by adding at the end the following: 1041. Federal grant application fraud. .