---
kind: "section"
citation: "41 U.S.C. § 8701"
title: "41"
title_heading: "Public Contracts"
number: "8701"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/41/8701"
units:
  - "Subtitle IV — Miscellaneous"
  - "Chapter 87 — Kickbacks"
---

# §8701. Definitions


In this chapter:

- (1) **Contracting agency.—** The term “contracting agency”, when used with respect to a [prime contractor](#5), means a department, agency, or establishment of the [Federal Government](/usc/41/8501.md?p=4) that enters into a [prime contract](#4) with a [prime contractor](#5).
- (2) **Kickback.—** The term “kickback” means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind that is provided to a [prime contractor](#5), [prime contractor employee](#6), [subcontractor](#8), or [subcontractor employee](#9) to improperly obtain or reward favorable treatment in connection with a [prime contract](#4) or a [subcontract](#7) relating to a [prime contract](#4).
- (3) **Person.—** The term “person” means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.
- (4) **Prime contract.—** The term “prime contract” means a contract or contractual action entered into by the [Federal Government](/usc/41/8501.md?p=4) to obtain supplies, materials, equipment, or services of any kind.
- (5) **Prime contractor.—** The term “prime contractor” means a [person](#3) that has entered into a [prime contract](#4) with the [Federal Government](/usc/41/8501.md?p=4).
- (6) **Prime contractor employee.—** The term “prime contractor employee” means an officer, partner, [employee](/usc/41/8101.md?p=a-6), or agent of a [prime contractor](#5).
- (7) **Subcontract.—** The term “subcontract” means a contract or contractual action entered into by a [prime contractor](#5) or [subcontractor](#8) to obtain supplies, materials, equipment, or services of any kind under a [prime contract](#4).
- (8) **Subcontractor.—** The term “subcontractor”—
  - (A) means a [person](#3), other than the [prime contractor](#5), that offers to furnish or furnishes supplies, materials, equipment, or services of any kind under a [prime contract](#4) or a [subcontract](#7) entered into in connection with the [prime contract](#4); and
  - (B) includes a [person](#3) that offers to furnish or furnishes general supplies to the [prime contractor](#5) or a higher tier [subcontractor](#8).
- (9) **Subcontractor employee.—** The term “subcontractor employee” means an officer, partner, [employee](/usc/41/8101.md?p=a-6), or agent of a [subcontractor](#8).

## Source credit

(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3838.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 8701 | 41:52. | Mar. 8, 1946, ch. 80, § 2, 60 Stat. 37; Pub. L. 86–695, Sept. 2, 1960, 74 Stat. 740; Pub. L. 99–634, § 2(a), Nov. 7, 1986, 100 Stat. 3523. |

In this section, the text of 41:52(3) is omitted because of the definition of “person” in 1:1.

In paragraph (2), the words “directly or indirectly” are omitted as unnecessary.

### Senate Revision Amendment

Senate amendment 4726 (111th Cong.) added par. (3) and redesignated former pars. (3) to (8) as (4) to (9), respectively. See 156 Cong. Rec. 18683 (2010).