45 CFR Part 1640 Applicable Federal Laws

Effective May 20, 2015, LSC amended 45 C.F.R. Part 1640. Part 1640 implements § 504(a)(19) of LSC’s fiscal year 1996 appropriations act, which requires recipients to agree by contract to be bound to certain Federal laws relating to the proper use of Federal funds.  A violation of one or more of those laws may result in summary termination of the recipient’s grant.  The final rule updated the list of applicable Federal laws and moved the list out of the regulation and to LSC’s website. 80 Fed. Reg. 21654-21656 (April 20, 2015).  The list is exhaustive and will be regularly reviewed to ensure that the list remains up to date.  If the list needs to be modified, recipients will be given the opportunity to comment about the proposed modifications before the LSC Board of Directors votes to modify the list.

Pursuant to 45 C.F.R. § 1640.2(a), Federal law relating to the proper use of Federal funds means:

  1. 18 USC 201 (Bribery of Public Officials and Witnesses);
  2. 18 USC 285 (Taking or using papers relating to claims);
  3. 18 USC 286 (Conspiracy to Defraud the Government With Respect to Claims);
  4. 18 USC 287 (False, Fictitious or Fraudulent Claims);
  5. 18 USC 371 (Conspiracy to Commit Offense or Defraud the United States);
  6. 18 USC 641 (Public Money, Property or Records);
  7. 18 USC 666 (Theft or bribery concerning programs receiving Federal funds);
  8. 18 USC 1001 (Statements or Entries Generally);
  9. 18 USC 1002 (Possession of False Papers to Defraud the United States);
  10. 18 USC 1031 (Major fraud against the United States);
  11. 18 USC 1516 (Obstruction of Federal Audit);
  12. 31 USC 3729 (False Claims);
  13. 31 USC 3730 (Civil Actions for False Claims), except that actions that are authorized by 31 USC 3730(b) to be brought by persons may not be brought against the Corporation, any recipient, subrecipient, grantee, or contractor of the Corporation, or its employees;
  14. 31 USC 3731 (False Claims Procedure);
  15. 31 USC 3732 (False Claims Jurisdiction); and
  16. 31 USC 3733 (Civil Investigative Demands).