10 U.S.C. § 4656 — Prohibition on persons convicted of de-

Page 2817 TITLE 10—ARMED FORCES § 4656 plified acquisition threshold (as defined in sec- tion 134 of title 41). (d)(1) An agreement between the contractor in a contract for the acquisition of commercial products or commercial services and a subcon- tractor under such contract that restricts sales by such subcontractor directly to persons other than the contractor may not be considered to unreasonably restrict sales by that subcon- tractor to the United States in violation of the provision included in such contract pursuant to subsection (a) if the agreement does not result in the United States being treated differently with regard to the restriction than any other prospective purchaser of such commercial prod- ucts or commercial services from that subcon- tractor. (2) In paragraph (1), the terms ‘‘commercial product’’ and ‘‘commercial service’’ have the meanings given those terms in sections 103 and 103a, respectively, of title 41. (Added Pub. L. 98–525, title XII, § 1234(a), Oct. 19, 1984, 98 Stat. 2601, § 2402; amended Pub. L. 103–355, title IV, § 4102(f), title VIII, § 8105(g), Oct. 13, 1994, 108 Stat. 3340, 3392; Pub. L. 111–350, § 5(b)(25), Jan. 4, 2011, 124 Stat. 3844; Pub. L. 115–232, div. A, title VIII, § 836(e)(4), Aug. 13, 2018, 132 Stat. 1869; renumbered § 4655, Pub. L. 116–283, div. A, title XVIII, § 1862(b), Jan. 1, 2021, 134 Stat. 4277.) Editorial Notes PRIOR PROVISIONS A prior section 4655 was renumbered section 7655 of this title. AMENDMENTS 2021—Pub. L. 116–283 renumbered section 2402 of this title as this section. 2018—Subsec. (d)(1). Pub. L. 115–232, § 836(e)(4)(A), sub- stituted ‘‘commercial products or commercial services’’ for ‘‘commercial items’’ in two places. Subsec. (d)(2). Pub. L. 115–232, § 836(e)(4)(B), sub- stituted ‘‘the terms ‘commercial product’ and ‘commer- cial service’ have the meanings given those terms in sections 103 and 103a, respectively, of title 41.’’ for ‘‘the term ‘commercial item’ has the meaning given such term in section 103 of title 41.’’ 2011—Subsec. (c). Pub. L. 111–350, § 5(b)(25)(A), sub- stituted ‘‘section 134 of title 41)’’ for ‘‘section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))’’. Subsec. (d)(2). Pub. L. 111–350, § 5(b)(25)(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))’’. 1994—Subsecs. (c), (d). Pub. L. 103–355 added subsecs. (c) and (d). 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. 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. EFFECTIVE DATE OF 1994 AMENDMENT For 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 Pub. L. 98–525, title XII, § 1234(c), Oct. 19, 1984, 98 Stat. 2604, provided that: ‘‘Section 2402 of title 10, United States Code [now 10 U.S.C. 4655] (as added by subsection (a)), shall take effect at the end of the 180-day period beginning on the date of the enactment of this Act [Oct. 19, 1984].’’ § 4656. Prohibition on persons convicted of de- fense-contract related felonies and related criminal penalty on defense contractors (a) PROHIBITION.—(1) An individual who is con- victed 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 super- visory 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 con- tractor. (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 de- termined 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 pe- riod, 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 in- terests 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 subpara- graph that is for the acquisition of commer- cial products or commercial services (as de- fined in sections 103 and 103a, respectively, of title 41). (C) A subcontract referred to in such sub- paragraph that is under a contract described in subparagraph (A) or (B). (b) CRIMINAL PENALTY.—A defense contractor or subcontractor shall be subject to a criminal penalty of not more than $500,000 if such con- tractor or subcontractor is convicted of know- ingly— (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 sub- contractor. (c) SINGLE POINT OF CONTACT FOR INFORMA- TION.—(1) The Attorney General shall ensure Page 2818 TITLE 10—ARMED FORCES § 4657 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 para- graph (1) of subsection (a) is under a prohibition under that subsection. (2) The procedure for obtaining such informa- tion shall be specified in regulations prescribed by the Secretary of Defense under subsection (a). (Added Pub. L. 99–500, § 101(c) [title X, § 941(a)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–161, and Pub. L. 99–591, § 101(c) [title X, § 941(a)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–161, § 2408; Pub. L. 99–661, div. A, title IX, formerly title IV, § 941(a)(1), Nov. 14, 1986, 100 Stat. 3941, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; amended Pub. L. 100–456, div. A, title VIII, § 831(a), Sept. 29, 1988, 102 Stat. 2023; Pub. L. 101–510, div. A, title VIII, § 812, Nov. 5, 1990, 104 Stat. 1596; Pub. L. 102–484, div. A, title VIII, § 815(a), Oct. 23, 1992, 106 Stat. 2454; Pub. L. 103–355, title IV, § 4102(g), title VIII, § 8105(h), Oct. 13, 1994, 108 Stat. 3340, 3393; Pub. L. 104–106, div. A, title X, § 1062(e), Feb. 10, 1996, 110 Stat. 444; Pub. L. 111–350, § 5(b)(26), Jan. 4, 2011, 124 Stat. 3844; Pub. L. 115–232, div. A, title VIII, § 836(e)(5), Aug. 13, 2018, 132 Stat. 1870; renum- bered § 4656, Pub. L. 116–283, div. A, title XVIII, § 1862(b), Jan. 1, 2021, 134 Stat. 4277.) 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 de- fined 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). 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), sub- stituted ‘‘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 in- troductory 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), in- serted before period at end ‘‘or any first tier sub- contract 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 de- fense contract’’. Subsec. (b). Pub. L. 101–510, § 812(b), inserted ‘‘or sub- contractor’’ after ‘‘contractor’’ wherever appearing. 1988—Subsec. (a). Pub. L. 100–456 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘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 manage- ment or supervisory capacity on any defense contract, or serving on the board of directors of any defense con- tractor, 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 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. EFFECTIVE DATE OF 1994 AMENDMENT For 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].’’ § 4657. Prohibition on criminal history inquiries by contractors prior to conditional offer (a) LIMITATION ON CRIMINAL HISTORY INQUIR- IES.— (1) IN GENERAL.—Except as provided in para- graphs (2) and (3), the head of an agency— (A) may not require that an individual or sole proprietor who submits a bid for a con- tract to disclose criminal history record in- formation regarding that individual or sole proprietor before determining the apparent awardee; and