10 U.S.C. § 4660 — Prohibition on collection of political in-

Page 2821 TITLE 10—ARMED FORCES § 4660 (d) EXCEPTIONS.—Subsection (b) does not apply— (1) to contracts for consumable supplies, pro- visions, or services that are intended to be used for the support of United States forces or of allied forces in a foreign country; or (2) to contracts pertaining to the use of any equipment, technology, data, or services for intelligence or classified purposes by the United States Government in the interests of national security or to the acquisition or lease of any such equipment, technology, data, or services by the United States Government in the interests of national security. (Added Pub. L. 102–484, div. A, title XIII, § 1332(a), Oct. 23, 1992, 106 Stat. 2555, § 2410i; amended Pub. L. 111–350, §§ 4, 5(b)(31), Jan. 4, 2011, 124 Stat. 3841, 3845; Pub. L. 114–328, div. A, title X, § 1081(b)(3)(D), Dec. 23, 2016, 130 Stat. 2419; Pub. L. 115–91, div. A, title X, § 1051(a)(16), Dec. 12, 2017, 131 Stat. 1561; renumbered § 4659, Pub. L. 116–283, div. A, title XVIII, § 1862(b), Jan. 1, 2021, 134 Stat. 4277.) Editorial Notes REFERENCES IN TEXT Section 3(5)(A) of the Export Administration Act of 1979 (50 U.S.C. 4602(5)(A)), referred to in subsec. (a), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. AMENDMENTS 2021—Pub. L. 116–283 renumbered section 2410i of this title as this section. 2017—Subsec. (c). Pub. L. 115–91 struck out at end ‘‘Within 15 days after the end of each fiscal year, the Secretary shall submit to Congress a report identifying each contract for which a waiver was granted under this subsection during that fiscal year.’’ 2016—Subsec. (a). Pub. L. 114–328 substituted ‘‘(50 U.S.C. 4602(5)(A))’’ for ‘‘(50 U.S.C. App. 2402(5)(A))’’. 2011—Subsec. (b)(1). Pub. L. 111–350 substituted ‘‘sim- plified acquisition threshold (as defined in section 134 of title 41)’’ for ‘‘small purchase threshold (as defined in section 4(11) of the Office of Federal Procurement Pol- icy Act (41 U.S.C. 403(11)))’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment 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. § 4660. Prohibition on collection of political in- formation (a) PROHIBITION ON REQUIRING SUBMISSION OF POLITICAL INFORMATION.—The head of an agency may not require a contractor to submit political information related to the contractor or a sub- contractor at any tier, or any partner, officer, director, or employee of the contractor or sub- contractor— (1) as part of a solicitation, request for bid, request for proposal, or any other form of communication designed to solicit offers in connection with the award of a contract for procurement of property or services; or (2) during the course of contract perform- ance as part of the process associated with modifying a contract or exercising a contract option. (b) SCOPE.—The prohibition under this section applies to the procurement of commercial prod- ucts and commercial services, the procurement of commercial-off-the-shelf-items, and the non- commercial procurement of supplies, property, services, and manufactured items, irrespective of contract vehicle, including contracts, pur- chase orders, task or deliver orders under indefi- nite delivery/indefinite quantity contracts, blan- ket purchase agreements, and basic ordering agreements. (c) RULE OF CONSTRUCTION.—Nothing in this section shall be construed as— (1) waiving, superseding, restricting, or lim- iting the application of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) or preventing Federal regulatory or law en- forcement agencies from collecting or receiv- ing information authorized by law; or (2) precluding the Defense Contract Audit Agency from accessing and reviewing certain information, including political information, for the purpose of identifying unallowable costs and administering cost principles estab- lished pursuant to subchapter I of chapter 273 of this title. (d) DEFINITIONS.—In this section: (1) CONTRACTOR.—The term ‘‘contractor’’ in- cludes contractors, bidders, and offerors, and individuals and legal entities who would rea- sonably be expected to submit offers or bids for Federal Government contracts. (2) POLITICAL INFORMATION.—The term ‘‘po- litical information’’ means information relat- ing to political spending, including any pay- ment consisting of a contribution, expendi- ture, independent expenditure, or disburse- ment for an electioneering communication that is made by the contractor, any of its partners, officers, directors or employees, or any of its affiliates or subsidiaries to a can- didate or on behalf of a candidate for election for Federal office, to a political committee, to a political party, to a third party entity with the intention or reasonable expectation that it would use the payment to make independent expenditures or electioneering communica- tions, or that is otherwise made with respect to any election for Federal office, party affili- ation, and voting history. (3) OTHER TERMS.—Each of the terms ‘‘con- tribution’’, ‘‘expenditure’’, ‘‘independent ex- penditure’’, ‘‘candidate’’, ‘‘election’’, ‘‘elec- tioneering communication’’, and ‘‘Federal of- fice’’ has the meaning given that term in the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.). (Added Pub. L. 112–81, div. A, title VIII, § 823(a), Dec. 31, 2011, 125 Stat. 1502, § 2335; amended Pub. L. 113–291, div. A, title X, § 1071(f)(17), Dec. 19, 2014, 128 Stat. 3511; Pub. L. 115–91, div. A, title X, § 1081(a)(32), Dec. 12, 2017, 131 Stat. 1596; Pub. L. 115–232, div. A, title VIII, § 836(c)(10), Aug. 13, 2018, 132 Stat. 1866; renumbered § 4660 and amend- ed Pub. L. 116–283, div. A, title XVIII, §§ 1862(b), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4277, 4294; Pub. L. 117–81, div. A, title XVII, § 1701(d)(14), Dec. 27, 2021, 135 Stat. 2137.) Page 2822 TITLE 10—ARMED FORCES § 4661 Editorial Notes REFERENCES IN TEXT The Federal Election Campaign Act of 1971, referred to in subsecs. (c)(1) and (d)(3), is Pub. L. 92–225, Feb. 7, 1972, 86 Stat. 3, which is classified principally to chap- ter 301 (§ 30101 et seq.) of Title 52, Voting and Elections. For complete classification of this Act to the Code, see Tables. PRIOR PROVISIONS A prior section 4681, act Aug. 10, 1956, ch. 1041, 70A Stat. 262; Pub. L. 96–513, title V, § 512(19), Dec. 12, 1980, 94 Stat. 2930; Pub. L. 107–217, § 3(b)(24), Aug. 21, 2002, 116 Stat. 1297, related to sale to States and certain foreign governments of surplus war material, prior to repeal by Pub. L. 114–328, div. A, title XII, § 1253(a)(1)(D), Dec. 23, 2016, 130 Stat. 2532. Prior sections 4682 to 4690 were renumbered sections 7682 to 7690 of this title, respectively. AMENDMENTS 2021—Pub. L. 116–283, § 1862(b), renumbered section 2335 of this title as this section. Subsec. (c)(2). Pub. L. 117–81 substituted ‘‘subchapter I of chapter 273’’ for ‘‘section 2324’’. Pub. L. 116–283, § 1883(b)(2), which directed that each reference in the text of title 10 to a section that was re- designated by title XVIII of Pub. L. 116–283, as such sec- tion was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, was not executed with respect to ‘‘section 2324’’, which was redesignated as multiple sections. 2018—Subsec. (b). Pub. L. 115–232 substituted ‘‘com- mercial products and commercial services’’ for ‘‘com- mercial items’’. 2017—Subsecs. (c)(1), (d)(3). Pub. L. 115–91 substituted ‘‘(52 U.S.C. 30101 et seq.)’’ for ‘‘(2 U.S.C. 431 et seq.)’’. 2014—Subsec. (d)(2). Pub. L. 113–291, § 1071(f)(17)(A), re- designated last sentence as par. (3). Subsec. (d)(3). Pub. L. 113–291, § 1071(f)(17)(B)(ii), (iii), substituted ‘‘that term’’ for ‘‘the term’’ and ‘‘Federal Election Campaign’’ for ‘‘Federal Campaign’’. Pub. L. 113–291, § 1071(f)(17)(B)(i), which directed amendment of par. (3) by inserting ‘‘OTHER TERMS.—’’ before ‘‘each of’’, was executed by making the insertion before ‘‘Each of’’ to reflect the probable intent of Con- gress. Pub. L. 113–291, § 1071(f)(17)(A), redesignated last sen- tence of par. (2) as (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 to take effect imme- diately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment 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 AMENDMENT Amendment 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 Amend- ment; Savings Provision note under section 453b of Title 6, Domestic Security. § 4661. Prohibition on certain procurements from the Xinjiang Uyghur Autonomous Region (a) PROHIBITION ON THE AVAILABILITY OF FUNDS FOR CERTAIN PROCUREMENTS FROM XUAR.—None of the funds authorized to be appropriated by a national defense authorization Act or any other Act, or otherwise made available for any fiscal year for the Department of Defense, may be ob- ligated or expended to knowingly procure any products mined, produced, or manufactured wholly or in part by forced labor from XUAR or from an entity that has used labor from within or transferred from XUAR as part of a ‘‘poverty alleviation’’ or ‘‘pairing assistance’’ program. (b) DEFINITIONS.—In this section, the terms ‘‘forced labor’’ and ‘‘XUAR’’ have the meanings given, respectively, in section 2496 of this title. (Added Pub. L. 117–263, div. A, title VIII, § 855(b), Dec. 23, 2022, 136 Stat. 2723.) Statutory Notes and Related Subsidiaries POLICY REQUIRED Pub. L. 117–263, div. A, title VIII, § 855(d), Dec. 23, 2022, 136 Stat. 2723, provided that: ‘‘Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense shall issue a policy to require that an offeror or awardee of a Department of Defense contract shall make a good faith effort to de- termine that forced labor from XUAR, as described in section 4661 of title 10, United States Code (as amended by subsection (b)), will not be used in the performance of such contract.’’ § 4662. Prohibition on the transfer of certain data on employees of the Department of Defense to third parties (a) IN GENERAL.—Each contract entered into by the Department of Defense on or after the date of the enactment of this section shall in- clude a provision prohibiting the contractor and each subcontractor under such contract from selling, licensing, or otherwise transferring cov- ered individually identifiable Department em- ployee data to any individual or entity other than the Federal Government, except to the ex- tent required to perform such contract or a sub- contract under such contract. This provision does not apply in circumstances where the transfer of such data would otherwise be author- ized by law. (b) WAIVER.—The Secretary of Defense may waive the requirements of subsection (a) with respect to the sale, licensing, or other transfer of covered individually identifiable Department employee data if the Secretary determines that such waiver— (1) appropriately considers the privacy risks to the employee of the Department of Defense to which such data relates; and (2) is necessary in the interest of national security. (c) REPORT.—Not later than January 15, 2026, and annually thereafter for four years, the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report on the use of the waiver authority under subsection (b) for the fiscal year preceding the date of submission of the report. The report shall include, for each use of the waiver— (1) the specific justification for providing the waiver; (2) an identification of the contractor or sub- contractor that is the subject of the waiver re- quest; and