Sec. 813. Enhancement of Department of Defense capabilities to prevent contractor fraud
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/bill/118/s/2226/rs/section-813A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subsection
(a)of section 4651 of title 10, United States Code, is amended— in paragraph (1), by striking ; and and inserting a semicolon; in paragraph (2)— by striking clause
(1)and inserting paragraph
(1); and by striking at least three, but not more than 10, as determined by the Secretary or his designee, times the cost incurred by the contractor in giving gratuities to the officer, official, or employee concerned. and inserting of up to 10 percent of the total contract award amount; ; by inserting after paragraph
(2)the following new paragraphs: with respect to a contract that could have been terminated under paragraph
(1)but for the completion of performance of the contract, the United States is entitled to exemplary damages as set forth in paragraph (2); and the Secretary of Defense or the Secretary of a military department may, after providing notice to the contractor and pending the determination concerning exemplary damages referred to in paragraph (2), withhold from payments otherwise due to the contractor under any contract between the contractor and the United States an amount not to exceed 10 percent of the total contract award amount. ; and in the matter following paragraph (4), as added by paragraph
(3)of this subsection, by striking clause
(1)and inserting paragraph
(1). Paragraph
(1)of section 4651(a) of title 10, United States Code, as amended by subsection
(a)of this section, is further amended by inserting and by a preponderance of the evidence after after notice and hearing .