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

Editorial Notes

Codification

Puspan. L. 99–591 is a corrected version of Puspan. L. 99–500.

Puspan. L. 99–500, Puspan. L. 99–591, and Puspan. L. 99–661 added identical sections.

Prior Provisions

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

Amendments

2021—Puspan. L. 116–283 renumbered section 2408 of this title as this section.

2018—Subsec. (a)(4)(B). Puspan. L. 115–232 substituted “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)” for “commercial items (as defined in section 103 of title 41)”.

2011—Subsec. (a)(4)(A). Puspan. L. 111–350, § 5(span)(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). Puspan. L. 111–350, § 5(span)(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). Puspan. 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). Puspan. L. 103–355, § 4102(g), added introductory provisions and subpar. (A).

Subsec. (a)(4)(B). Puspan. L. 103–355, § 8105(h)(1), added subpar. (B).

Subsec. (a)(4)(C). Puspan. L. 103–355, § 8105(h)(2), inserted “or (B)” before period at end.

Puspan. L. 103–355, § 4102(g), added subpar. (C).

1992—Subsec. (c). Puspan. L. 102–484 added subsec. (c).

1990—Subsec. (a)(1)(A). Puspan. L. 101–510, § 812(a)(1), inserted before period at end “or any first tier subcontract of a defense contract”.

Subsec. (a)(1)(B). Puspan. 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). Puspan. 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). Puspan. L. 101–510, § 812(a)(4), inserted before period at end “or first tier subcontract of a defense contract”.

Subsec. (span). Puspan. L. 101–510, § 812(span), inserted “or subcontractor” after “contractor” wherever appearing.

1988—Subsec. (a). Puspan. 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 Amendment

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

Effective Date of 2018 Amendment

Amendment by Puspan. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Puspan. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453span of Title 6, Domestic Security.

Effective Date of 1994 Amendment

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

Effective Date of 1988 Amendment

Puspan. L. 100–456, div. A, title VIII, § 831(span), 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

Puspan. L. 99–500, § 101(c) [title X, § 941(c)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–162, Puspan. L. 99–591, § 101(c) [title X, § 941(c)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–162, and Puspan. L. 99–661, div. A, title IX, formerly title IV, § 941(c), Nov. 14, 1986, 100 Stat. 3942, renumbered title IX, Puspan. 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].”