§4656 — Title 10 Armed Forces | U.S. Code

Summary

People convicted of fraud or another felony tied to a Department of Defense contract cannot work in management or supervision on a defense contract or a first-tier subcontract. They also cannot sit on the board of a defense contractor or a subcontractor hired directly by a defense contractor, be a consultant for them, or take other roles the Secretary of Defense defines. The ban lasts at least five years after the conviction, but the Secretary of Defense can shorten it for national security reasons. The rule does not apply to small purchases under the simplified acquisition threshold, to contracts for commercial products or services, or to subcontracts under those kinds of contracts. A defense contractor or subcontractor can be fined criminally up to $500,000 if it knowingly hires someone under the ban or lets that person serve on its board. The Attorney General must set up one point of contact so contractors can quickly check whether a person is barred. The Department of Defense will set the exact steps for how to get that information.

Title 10, §4656

Armed Forces — Source: USLM XML via OLRC

(a)(1)An individual who is convicted of fraud or any other felony arising out of a contract with the Department of Defense shall be prohibited from each of the following:

(A)Working in a management or supervisory capacity on any defense contract or any first tier subcontract of a defense contract.

(B)Serving on the board of directors of any defense contractor or any subcontractor awarded a contract directly by a defense contractor.

(C)Serving as a consultant to any defense contractor or any subcontractor awarded a contract directly by a defense contractor.

(D)Being involved in any other way, as determined under regulations prescribed by the Secretary of Defense, with a defense contract or first tier subcontract of a defense contract.

(2)Except as provided in paragraph (3), the prohibition in paragraph (1) shall apply for a period, as determined by the Secretary of Defense, of not less than five years after the date of the conviction.

(3)The prohibition in paragraph (1) may apply with respect to an individual for a period of less than five years if the Secretary determines that the five-year period should be waived in the interests of national security.

(4)The prohibition in paragraph (1) does not apply with respect to the following:

(A)A contract referred to in subparagraph (A), (B), (C), or (D) of such paragraph that is not greater than the simplified acquisition threshold (as defined in section 134 of title 41).

(B)A contract referred to in such subparagraph that is for the acquisition of commercial products or commercial services (as defined in section 103 and 103a, respectively, of title 41).

(C)A subcontract referred to in such subparagraph that is under a contract described in subparagraph (A) or (B).

(b)A defense contractor or subcontractor shall be subject to a criminal penalty of not more than $500,000 if such contractor or subcontractor is convicted of knowingly—

(1)employing a person under a prohibition under subsection (a); or

(2)allowing such a person to serve on the board of directors of such contractor or subcontractor.

(c)(1)The Attorney General shall ensure that a single point of contact is established to enable a defense contractor or subcontractor to promptly obtain information regarding whether a person that the contractor or subcontractor proposes to use for an activity covered by paragraph (1) of subsection (a) is under a prohibition under that subsection.

(2)The procedure for obtaining such information shall be specified in regulations prescribed by the Secretary of Defense under subsection (a).

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 99–591 is a corrected version of Pub. L. 99–500. Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661 added identical sections.

Prior Provisions

A prior section 4656 was renumbered section 7656 of this title.

Amendments

2021—Pub. L. 116–283 renumbered section 2408 of this title as this section. 2018—Subsec. (a)(4)(B). Pub. L. 115–232 substituted “commercial products or commercial services (as defined in section 103 and 103a, respectively, of title 41)” for “commercial items (as defined in section 103 of title 41)”. 2011—Subsec. (a)(4)(A). Pub. L. 111–350, § 5(b)(26)(A), substituted “section 134 of title 41)” for “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))”. Subsec. (a)(4)(B). Pub. L. 111–350, § 5(b)(26)(B), substituted “section 103 of title 41)” for “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))”. 1996—Subsec. (a)(3). Pub. L. 104–106 struck out at end “If the five-year period is waived, the Secretary shall submit to Congress a report stating the reasons for the waiver.” 1994—Subsec. (a)(4). Pub. L. 103–355, § 4102(g), added introductory provisions and subpar. (A). Subsec. (a)(4)(B). Pub. L. 103–355, § 8105(h)(1), added subpar. (B). Subsec. (a)(4)(C). Pub. L. 103–355, § 8105(h)(2), inserted “or (B)” before period at end. Pub. L. 103–355, § 4102(g), added subpar. (C). 1992—Subsec. (c). Pub. L. 102–484 added subsec. (c). 1990—Subsec. (a)(1)(A). Pub. L. 101–510, § 812(a)(1), inserted before period at end “or any first tier subcontract of a defense contract”. Subsec. (a)(1)(B). Pub. L. 101–510, § 812(a)(2), inserted before period at end “or any subcontractor awarded a contract directly by a defense contractor”. Subsec. (a)(1)(C). Pub. L. 101–510, § 812(a)(3), inserted before period at end “or any subcontractor awarded a contract directly by a defense contractor”. Subsec. (a)(1)(D). Pub. L. 101–510, § 812(a)(4), inserted before period at end “or first tier subcontract of a defense contract”. Subsec. (b). Pub. L. 101–510, § 812(b), inserted “or subcontractor” after “contractor” wherever appearing. 1988—Subsec. (a). Pub. L. 100–456 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “A person who is convicted of fraud or any other felony arising out of a contract with the Department of Defense shall be prohibited from working in a management or supervisory capacity on any defense contract, or serving on the board of directors of any defense contractor, for a period, as determined by the Secretary of Defense, of not less than one year from the date of the conviction.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a

Savings Provision

, see section 836(h) of Pub. L. 115–232, set out as an

Effective Date

of 2018 Amendment;

Savings Provision

note under section 453b of Title 6, Domestic Security.

Effective Date

of 1994 AmendmentFor

Effective Date

and applicability of amendment by Pub. L. 103–355, see section 10001 of Pub. L. 103–355, set out as a note under section 8752 of this title.

Effective Date

of 1988 Amendment Pub. L. 100–456, div. A, title VIII, § 831(b), Sept. 29, 1988, 102 Stat. 2023, provided that: “section 2408(a) of title 10, United States Code [now 10 U.S.C. 4656(a)], as amended by subsection (a), shall apply with respect to individuals convicted after the date of the enactment of this Act [Sept. 29, 1988].”

Effective Date

Pub. L. 99–500, § 101(c) [title X, § 941(c)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–162, Pub. L. 99–591, § 101(c) [title X, § 941(c)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–162, and Pub. L. 99–661, div. A, title IX, formerly title IV, § 941(c), Nov. 14, 1986, 100 Stat. 3942, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273, provided that: “Section 2408 of title 10, United States Code [now 10 U.S.C. 4656] (as added by subsection (a)(1)), shall apply with respect to employment or service on a board of directors after the date of the enactment of this Act [Oct. 18, 1986].”

§4656 Prohibition on persons convicted of defense-contract related felonies and related criminal penalty on defense contractors

Summary

Title 10, §4656

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Savings Provision

Effective Date

Savings Provision

Effective Date

Effective Date

Effective Date

Effective Date

Citations & Metadata