US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 4656

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

(a)

Prohibition .—

(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)
section 134 of title 41 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 ).
(B)
A contract referred to in such subparagraph that is for the acquisition of commercial products or commercial services (as defined in sections 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)

Criminal Penalty .—

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)

Single Point of Contact for Information .—

(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).

Pub. L. 99–500, § 101(c) [title X, § 941(a)(1)]100 Stat. 1783–82Pub. L. 99–591, § 101(c) [title X, § 941(a)(1)]100 Stat. 3341–82Pub. L. 99–661, div. A, title IX100 Stat. 3941Pub. L. 100–26, § 3(5)101 Stat. 273Pub. L. 100–456, div. A, title VIII, § 831(a)102 Stat. 2023Pub. L. 101–510, div. A, title VIII, § 812104 Stat. 1596Pub. L. 102–484, div. A, title VIII, § 815(a)106 Stat. 2454Pub. L. 103–355, title IV, § 4102(g)108 Stat. 3340Pub. L. 104–106, div. A, title X, § 1062(e)110 Stat. 444Pub. L. 111–350, § 5(b)(26)124 Stat. 3844Pub. L. 115–232, div. A, title VIII, § 836(e)(5)132 Stat. 1870Pub. L. 116–283, div. A, title XVIII, § 1862(b)134 Stat. 4277(Added , , , 1783–161, and , , , 3341–161, § 2408; , formerly title IV, § 941(a)(1), , , renumbered title IX, , , ; amended , , ; , , ; , , ; , title VIII, § 8105(h), , , 3393; , , ; , , ; , , ; renumbered § 4656, , , .)

Editorial Notes

Codification

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

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

Prior Provisions

section 7656 of this titleA prior section 4656 was renumbered .

Amendments

Pub. L. 116–283section 2408 of this title2021— renumbered as this section.

Pub. L. 115–232section 103 of title 412018—Subsec. (a)(4)(B). substituted “commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)” for “commercial items (as defined in )”.

Pub. L. 111–350, § 5(b)(26)(A)section 134 of title 4141 U.S.C. 403(11)2011—Subsec. (a)(4)(A). , substituted “)” for “section 4(11) of the Office of Federal Procurement Policy Act ())”.

Pub. L. 111–350, § 5(b)(26)(B)section 103 of title 4141 U.S.C. 403(12)Subsec. (a)(4)(B). , substituted “)” for “section 4(12) of the Office of Federal Procurement Policy Act ())”.

Pub. L. 104–1061996—Subsec. (a)(3). 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.”

Pub. L. 103–355, § 4102(g)1994—Subsec. (a)(4). , added introductory provisions and subpar. (A).

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

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

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

Pub. L. 102–4841992—Subsec. (c). added subsec. (c).

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

Pub. L. 101–510, § 812(a)(2)Subsec. (a)(1)(B). , inserted before period at end “or any subcontractor awarded a contract directly by a defense contractor”.

Pub. L. 101–510, § 812(a)(3)Subsec. (a)(1)(C). , inserted before period at end “or any subcontractor awarded a contract directly by a defense contractor”.

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

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

Pub. L. 100–4561988—Subsec. (a). 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

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

Effective Date of 2018 Amendment

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

Effective Date of 1994 Amendment

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

Effective Date of 1988 Amendment

Pub. L. 100–456, div. A, title VIII, § 831(b)102 Stat. 2023

Section 2408(a) of title 1010 U.S.C. 4656(a)“, United States Code [now ], as amended by subsection (a), shall apply with respect to individuals convicted after the date of the enactment of this Act [].”
, , , provided that:

Effective Date

Pub. L. 99–500, § 101(c) [title X, § 941(c)]100 Stat. 1783–82Pub. L. 99–591, § 101(c) [title X, § 941(c)]100 Stat. 3341–82Pub. L. 99–661, div. A, title IX100 Stat. 3942Pub. L. 100–26, § 3(5)101 Stat. 273

Section 2408 of title 1010 U.S.C. 4656“, United States Code [now ] (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 [].”
, , , 1783–162, , , , 3341–162, and , formerly title IV, § 941(c), , , renumbered title IX, , , , provided that: