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10 U.S.C. § 4658 — Debarment of persons convicted of fraud-
Federal law — U.S. Code and appendices · legal_authorities
Page 2820
TITLE 10—ARMED FORCES
§ 4658
1 See References in Text note below.
A, title XVIII, § 1862(c)(3)(A), Jan. 1, 2021, 134 Stat. 4278,
provided that: ‘‘Section 4657(a) of title 10, United States
Code, as added by paragraph (1), shall apply with re-
spect to contracts awarded pursuant to solicitations
issued after the effective date described in section
1122(b)(2) of this subtitle [2 years after Dec. 20, 2019, see
Effective Date note set out under section 9202 of Title
5, Government Organization and Employees].’’
REVISIONS TO FEDERAL ACQUISITION REGULATION
Pub. L. 116–92, div. A, title XI, § 1123(c), Dec. 20, 2019,
133 Stat. 1614, as amended by Pub. L. 116–283, div. A,
title XVIII, § 1862(c)(3)(B), Jan. 1, 2021, 134 Stat. 4278,
provided that:
‘‘(1) IN GENERAL.—Not later than 18 months after the
date of enactment of this subtitle [Dec. 20, 2019], the
Federal Acquisition Regulatory Council shall revise
the Federal Acquisition Regulation to implement sec-
tion 4714 of title 41, United States Code, and section
4657 of title 10, United States Code, as added by this
section.
‘‘(2) CONSISTENCY WITH OFFICE OF PERSONNEL MANAGE-
MENT
REGULATIONS.—The Federal Acquisition Regu-
latory Council shall revise the Federal Acquisition
Regulation under paragraph (1) to be consistent with
the regulations issued by the Director of the Office of
Personnel Management under section 1122(b)(1) [5
U.S.C. 9201 note] to the maximum extent practicable.
The Council shall include together with such revision
an explanation of any substantive modification of the
Office of Personnel Management regulations, including
an explanation of how such modification will more ef-
fectively implement the rights and protections under
this section.’’
§ 4658. Debarment of persons convicte
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Page 2820
TITLE 10—ARMED FORCES
§ 4658
1 See References in Text note below.
A, title XVIII, § 1862(c)(3)(A), Jan. 1, 2021, 134 Stat. 4278,
provided that: ‘‘Section 4657(a) of title 10, United States
Code, as added by paragraph (1), shall apply with re-
spect to contracts awarded pursuant to solicitations
issued after the effective date described in section
1122(b)(2) of this subtitle [2 years after Dec. 20, 2019, see
Effective Date note set out under section 9202 of Title
5, Government Organization and Employees].’’
REVISIONS TO FEDERAL ACQUISITION REGULATION
Pub. L. 116–92, div. A, title XI, § 1123(c), Dec. 20, 2019,
133 Stat. 1614, as amended by Pub. L. 116–283, div. A,
title XVIII, § 1862(c)(3)(B), Jan. 1, 2021, 134 Stat. 4278,
provided that:
‘‘(1) IN GENERAL.—Not later than 18 months after the
date of enactment of this subtitle [Dec. 20, 2019], the
Federal Acquisition Regulatory Council shall revise
the Federal Acquisition Regulation to implement sec-
tion 4714 of title 41, United States Code, and section
4657 of title 10, United States Code, as added by this
section.
‘‘(2) CONSISTENCY WITH OFFICE OF PERSONNEL MANAGE-
MENT
REGULATIONS.—The Federal Acquisition Regu-
latory Council shall revise the Federal Acquisition
Regulation under paragraph (1) to be consistent with
the regulations issued by the Director of the Office of
Personnel Management under section 1122(b)(1) [5
U.S.C. 9201 note] to the maximum extent practicable.
The Council shall include together with such revision
an explanation of any substantive modification of the
Office of Personnel Management regulations, including
an explanation of how such modification will more ef-
fectively implement the rights and protections under
this section.’’
§ 4658. Debarment of persons convicted of fraud-
ulent use of ‘‘Made in America’’ labels
(a) If the Secretary of Defense determines that
a person has been convicted of intentionally
affixing a label bearing a ‘‘Made in America’’ in-
scription, or another inscription with the same
meaning, to any product sold in or shipped to
the United States that is not made in America,
the Secretary shall determine, not later than 90
days after determining that the person has been
so convicted, whether the person should be
debarred from contracting with the Department
of Defense.
(b) In this section, the term ‘‘debar’’ has the
meaning given that term by section 4654(c) of
this title.
(Added Pub. L. 102–484, div. A, title VIII,
§ 834(a)(1), Oct. 23, 1992, 106 Stat. 2461, § 2410f;
amended Pub. L. 104–106, div. A, title X, § 1062(f),
title XV, § 1503(a)(22), Feb. 10, 1996, 110 Stat. 444,
512; Pub. L. 107–107, div. A, title X, § 1048(a)(20),
Dec. 28, 2001, 115 Stat. 1223; renumbered § 4658 and
amended Pub. L. 116–283, div. A, title XVIII,
§ 1862(b), (c)(2), Jan. 1, 2021, 134 Stat. 4277, 4278;
Pub. L. 117–81, div. A, title XVII, § 1701(b)(20),
Dec. 27, 2021, 135 Stat. 2135.)
Editorial Notes
AMENDMENTS
2021—Pub. L. 116–283, § 1862(b), renumbered section
2410f of this title as this section.
Subsec. (b). Pub. L. 116–283, § 1862(c)(2), as amended by
Pub. L. 117–81, § 1701(b)(20), substituted ‘‘section 4654(c)’’
for ‘‘section 2393(c)’’.
2001—Subsec. (a). Pub. L. 107–107 inserted ‘‘, or an-
other inscription with the same meaning,’’ after ‘‘in-
scription’’.
1996—Subsec. (a). Pub. L. 104–106, § 1062(f), struck out
at end ‘‘If the Secretary determines that the person
should not be debarred, the Secretary shall submit to
Congress a report on such determination not later than
30 days after the determination is made.’’
Subsec. (b). Pub. L. 104–106, § 1503(a)(22), substituted
‘‘In’’ for ‘‘For purposes of’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by Pub. L. 117–81 applicable as if in-
cluded in the enactment of title XVIII of Pub. L. 116–283
as enacted, see section 1701(a)(2) 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
Pub. L. 102–484, div. A, title VIII, § 834(b), Oct. 23, 1992,
106 Stat. 2461, provided that: ‘‘Section 2410f of title 10,
United States Code [now 10 U.S.C. 4658], as added by
subsection (a), shall take effect 90 days after the date
of the enactment of this Act [Oct. 23, 1992].’’
PROHIBITION OF CONTRACTS
Pub. L. 106–398, § 1 [[div. A], title VIII, § 825(b)], Oct.
30, 2000, 114 Stat. 1654, 1654A–220, provided that: ‘‘If the
Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a
‘Made in America’ inscription, or another inscription
with the same meaning, to any product sold in or
shipped to the United States that is not made in the
United States, the Secretary shall determine, in ac-
cordance with section 2410f of title 10, United States
Code [now 10 U.S.C. 4658], whether the person should be
debarred from contracting with the Department of De-
fense.’’
Similar provisions were contained in the following
prior authorization acts:
Pub. L. 106–65, div. A, title VIII, § 816(b), Oct. 5, 1999,
113 Stat. 712.
Pub. L. 103–160, div. A, title VIII, § 849(b), Nov. 30, 1993,
107 Stat. 1725.
§ 4659. Prohibition on contracting with entities
that comply with the secondary Arab boycott
of Israel
(a) POLICY.—Under section 3(5)(A) 1 of the Ex-
port Administration Act of 1979 (50 U.S.C.
4602(5)(A)), it is the policy of the United States
to oppose restrictive trade practices or boycotts
fostered or imposed by foreign countries against
other countries friendly to the United States or
against any other United States person.
(b) PROHIBITION.—(1) Consistent with the pol-
icy referred to in subsection (a), the Department
of Defense may not award a contract for an
amount in excess of the simplified acquisition
threshold (as defined in section 134 of title 41) to
a foreign entity unless that entity certifies to
the Secretary of Defense that it does not comply
with the secondary Arab boycott of Israel.
(2) In paragraph (1), the term ‘‘foreign entity’’
means a foreign person, a foreign company, or
any other foreign entity.
(c) WAIVER AUTHORITY.—The Secretary of De-
fense may waive the prohibition in subsection
(b) in specific instances when the Secretary de-
termines that the waiver is necessary in the na-
tional security interests of the United States.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** If the Secretary of Defense determines that a person has been convicted of intentionally affixing a label bearing a “Made in America” inscription, or another inscription with the same meaning, to any product sold in or shipped to the United States that is not made in America, the Secretary shall determine, not later than 90 days after determining that the person has been so convicted, whether the person should be debarred from contracting with the Department of Defense.
**(b)** In this section, the term “debar” has the meaning given that term by [section 4654(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4654/c&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter—
(1) the term “agency” means “Executive agency” as such term is defined in section 105 and includes—
(A) the United States Postal Service and the Postal Regulatory Commission; and
(B) the Executive Office of the President;
(2) the term “appointing authority” means an employee in the executive branch of the Government of the United States that has authority to make appointments to positions in the civil service;
(3) the term “conditional offer” means an offer of employment in a position in the civil service that is conditioned upon the results of a criminal history inquiry;
(4) the term “criminal history record information”—
(A) except as provided in subparagraphs (B) and (C), has the meaning given the term in section 9101(a);
(B) includes any information described in the first sentence of section 9101(a)(2) that has been sealed or expunged pursuant to law; and
(C) includes information collected by a criminal justice agency, relating to an act or alleged act of juvenile delinquency, that is analogous to criminal history record information (including such information that has been sealed or expunged pursuant to law); and
(5) the term “suspension” has the meaning given the term in section 7501.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 9201
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Federal law — U.S. Code and appendices · legal_authorities
Page 1292
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 9201
ducted by the Department of Defense, the Office of Per-
sonnel Management, or the Central Intelligence Agen-
cy, for the purposes specified in paragraph (b)(1) of sec-
tion 9101 of title 5, United States Code, as added by this
Act.’’
TERMINATION DATE OF SUBSECTION (b)(3) OF THIS
SECTION
Pub. L. 100–453, title I, § 101(d), Sept. 29, 1988, 102 Stat.
1904, extended the expiration date provided in section
803(b) of Pub. L. 99–169, formerly set out below, until
Dec. 31, 1989.
Pub. L. 99–169, title VIII, § 803(b), Dec. 4, 1985, 99 Stat.
1011, provided that subsec. (b)(3) of this section expired
three years after Dec. 4, 1985.
REPORT TO CONGRESSIONAL COMMITTEES ON EFFECT OF
PROVISIONS FOR INDEMNIFICATION AGREEMENTS
Pub. L. 99–169, title VIII, § 803(a), Dec. 4, 1985, 99 Stat.
1010, as amended by Pub. L. 99–569, title IV, § 402(b), Oct.
27, 1986, 100 Stat. 3196, directed Department of Justice,
within two years after Dec. 4, 1985, and after consulta-
tion with Department of Defense, Office of Personnel
Management, Central Intelligence Agency, and Federal
Bureau of Investigation, to report to appropriate com-
mittees of Congress concerning the effect of 5 U.S.C.
9101(b)(3), as added by this Act, including the effect of
the absence of indemnification agreements upon States
and localities not eligible under 5 U.S.C. 9101(b)(3) for
such agreements.
CHAPTER 92—PROHIBITION ON CRIMINAL
HISTORY
INQUIRIES
PRIOR
TO
CONDI-
TIONAL OFFER
Sec.
9201.
Definitions.
9202.
Limitations on requests for criminal history
record information.
9203.
Agency policies; complaint procedures.
9204.
Adverse action.
9205.
Procedures.
9206.
Rules of construction.
§ 9201. Definitions
In this chapter—
(1) the te
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 96–72, § 3, Sept. 29, 1979, 93 Stat. 504; Pub. L. 99–64, title I, § 103, July 12, 1985, 99 Stat. 121; Pub. L. 103–199, title II, § 201(b)(2), Dec. 17, 1993, 107 Stat. 2321, set forth policy declarations with respect to the Export Administration Act of 1979.
Section was formerly classified to section 2402 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 2402 of the former Appendix to this title, Pub. L. 91–184, § 3, Dec. 30, 1969, 83 Stat. 841; Pub. L. 92–412, title I, § 103, Aug. 29, 1972, 86 Stat. 644; Pub. L. 93–500, §§ 2, 4(b), (c), 11, Oct. 29, 1974, 88 Stat. 1552, 1553, 1556; Pub. L. 95–52, title I, § 115, title II, § 202, June 22, 1977, 91 Stat. 241, 247, set forth declaration of policy of Congress with respect to the Export Administration Act of 1969, prior to the expiration of Pub. L. 91–184 on Sept. 30, 1979.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4602
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Federal law — U.S. Code and appendices · legal_authorities
Page 1181
TITLE 50—WAR AND NATIONAL DEFENSE
§ 4603
of Homeland Security, designated by the Secretary of
Homeland Security. The Center shall have two Deputy
Directors, who shall be full-time senior officers or em-
ployees of the Department of Commerce and the De-
partment of Justice, designated by the Secretary of
Commerce and the Attorney General, respectively, de-
tailed to the Center and reporting to the Director. The
Center shall also have an Intelligence Community Liai-
son, who shall be a full-time senior officer or employee
of the Federal Government, designated by the Director
of National Intelligence, and detailed or assigned to the
Center.
(d) The Center shall have a full-time staff reporting
to the Director. To the extent permitted by law, execu-
tive departments and agencies enumerated in sub-
section (b) of this section are encouraged to detail or
assign their employees to the Center without reim-
bursement.
SEC. 3. Functions. The Center shall:
(a) serve as the primary forum within the Federal
Government for executive departments and agencies to
coordinate and enhance their export control enforce-
ment efforts and identify and resolve conflicts that
have not been otherwise resolved in criminal and ad-
ministrative investigations and actions involving vio-
lations of U.S. export control laws;
(b) serve as a conduit between Federal law enforce-
ment agencies and the U.S. Intelligence Community for
the exchange of information related to potential U.S.
export control violations;
(c) serve as a primary point of contact between en-
forcement authorities and agencies engaged in export
licensing;
(d) coordinate law enforcement public outreach ac-
tivities related to U.S. export controls; and
(e) establish Government-wide statistical tracking
ca
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4602
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