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10 U.S.C. § 4656 (ARMED FORCES)
§ 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) 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 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).
10 U.S.C. § 4658 (ARMED FORCES)
§ 4658. Debarment of persons convicted of fraudulent 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” 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) 1 of this title.
10 U.S.C. § 4659 (ARMED FORCES)
§ 4659. Prohibition on contracting with entities that comply with the secondary Arab boycott of Israel
(a) Policy.—
Under section 3(5)(A) of the Export 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 policy 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 Defense may waive the prohibition in subsection (b) in specific instances when the Secretary determines that the waiver is necessary in the national security interests of the United States.
(d) Exceptions.—
Subsection (b) does not apply—
(1) to contracts for consumable supplies, provisions, 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.
10 U.S.C. § 4660 (ARMED FORCES)
§ 4660. Prohibition on collection of political information
(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 subcontractor at any tier, or any partner, officer, director, or employee of the contractor or subcontractor—
(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 performance 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 products 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, purchase orders, task or deliver orders under indefinite delivery/indefinite quantity contracts, blanket purchase agreements, and basic ordering agreements.
(c) Rule of Construction.—
Nothing in this section shall be construed as—
(1) waiving, superseding, restricting, or limiting the application of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) or preventing Federal regulatory or law enforcement agencies from collecting or receiving 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 established pursuant to section 2324 1 of this title.
(d) Definitions.—
In this section:
(1) Contractor.—
The term “contractor” includes contractors, bidders, and offerors, and individuals and legal entities who would reasonably be expected to submit offers or bids for Federal Government contracts.
(2) Political information.—
The term “political information” means information relating to political spending, including any payment consisting of a contribution, expenditure, independent expenditure, or disbursement 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 candidate 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 communications, or that is otherwise made with respect to any election for Federal office, party affiliation, and voting history.
(3) Other terms.—
Each of the terms “contribution”, “expenditure”, “independent expenditure”, “candidate”, “election”, “electioneering communication”, and “Federal office” has the meaning given that term in the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.).
10 U.S.C. § 4702 (ARMED FORCES)
§ 4702. Incentives and consideration for qualified training programs
(a) Incentives.—
The Secretary of Defense shall develop workforce development investment incentives for a contractor that implements a qualified training program to develop the workforce of the contractor in a manner consistent with the needs of the Department of Defense.
(b) Consideration of Qualified Training Programs.—
The Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to require that the system used by the Federal Government to monitor or record contractor past performance includes an analysis of the availability, quality, and effectiveness of a qualified training program of an offeror as part of the past performance rating of such offeror.
(c) Qualified Training Program Defined.—
The term “qualified training program” means any of the following:
(1) A program eligible to receive funds under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.).
(2) A program eligible to receive funds under the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.).
(3) A program registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664; chapter 663; 29 U.S.C. 50 et seq.).
(4) Any other program determined to be a qualified training program for purposes of this section, and that meets the workforce needs of the Department of Defense, as determined by the Secretary of Defense.
10 U.S.C. § 4704 (ARMED FORCES)
§ 4704. Defense contractors: listing of suitable employment openings with local employment service office
(a) Regulations.—
The Secretary of Defense shall promulgate regulations containing the requirement described in subsection (b) and such other provisions as the Secretary considers necessary to administer such requirement. Such regulations shall require that each contract described in subsection (c) shall contain a clause requiring the contractor to comply with such regulations.
(b) Requirement.—
The regulations promulgated under this section shall require each contractor carrying out a contract described in subsection (c) to list immediately with the appropriate local employment service office, and where appropriate the Interstate Job Bank (established by the United States Employment Service), all of its suitable employment openings under such contract.
(c) Covered Contracts.—
The regulations promulgated under this section shall apply to any contract entered into with the Department of Defense in an amount of $500,000 or more.
10 U.S.C. § 4751 (ARMED FORCES)
§ 4751. Determinations and decisions
(a) Individual or Class Determinations and Decisions Authorized.—
Determinations and decisions required to be made under any chapter 137 legacy provision by the head of an agency may be made for an individual purchase or contract or, except to the extent expressly prohibited by another provision of law, for a class of purchases or contracts. Such determinations and decisions are final.
(b) Written Findings Required.—
(1) Each determination or decision under section 3531(a), 3803, or 3841(c)(2)(B) of this title shall be based on a written finding by the person making the determination or decision. The finding shall set out facts and circumstances that support the determination or decision.
(2) Each finding referred to in paragraph (1) is final. The head of the agency making such finding shall maintain a copy of the finding for not less than 6 years after the date of the determination or decision.
10 U.S.C. § 4753 (ARMED FORCES)
§ 4753. Supplies: identification of supplier and sources
(a) The Secretary of Defense shall require that the contractor under a contract with the Department of Defense for the furnishing of supplies to the United States shall mark or otherwise identify supplies furnished under the contract with the identity of the contractor, the national stock number for the supplies furnished (if there is such a number), and the contractor’s identification number for the supplies.
(b)
(1) The Secretary of Defense shall prescribe regulations requiring that, whenever practicable, each contract requiring the delivery of supplies (other than a contract described in paragraph (2)) shall require that the contractor identify—
(A) the actual manufacturer or producer of the item or of all sources of supply of the contractor for that item;
(B) the national stock number of the item (if there is such a number) and the identification number of the actual manufacturer or producer of the item or of each source of supply of the contractor for the item; and
(C) the source of any technical data delivered under the contract.
(2) The regulations prescribed pursuant to paragraph (1) do not apply to a contract that requires the delivery of supplies that are commercial products (as defined in section 103 of title 41).
(3) The regulations prescribed pursuant to paragraph (1) do not apply to a contract for an amount not greater than the simplified acquisition threshold (as defined in section 134 of title 41).
(c) Identification of supplies and technical data under this section shall be made in the manner and with respect to the supplies prescribed by the Secretary of Defense.
10 U.S.C. § 4812 (ARMED FORCES)
§ 4812. National Defense Technology and Industrial Base Council
(a) Establishment.—
There is a National Defense Technology and Industrial Base Council.
(b) Composition.—
The Council is composed of the following members:
(1) The Secretary of Defense, who shall serve as chairman.
(2) The Secretary of Energy.
(3) The Secretary of Commerce.
(4) The Secretary of Labor.
(5) Such other officials as may be determined by the President.
(c) Responsibilities.—
The Council shall have the responsibility to ensure effective cooperation among departments and agencies of the Federal Government, and to provide advice and recommendations to the President, the Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, and the Secretary of Labor, concerning—
(1) the capabilities of the national technology and industrial base to meet the national security objectives set forth in section 4811(a) of this title;
(2) programs for achieving such national security objectives;
(3) changes in acquisition policy that strengthen the national technology and industrial base; and
(4) collaboration with government officials of member countries of the national technology and industrial base in order to strengthen the national technology and industrial base.
(d) Alternative Performance of Responsibilities.—
Notwithstanding subsection (c), the President may assign the responsibilities of the Council to another interagency organization of the executive branch that includes among its members the officials specified in paragraphs (1) through (4) of subsection (b).
10 U.S.C. § 4813 (ARMED FORCES)
§ 4813. National defense program for analysis of the technology and industrial base
(a) Establishment.—
The Secretary of Defense shall establish a program for analysis of the national technology and industrial base.
(b) Supervision of Program.—
The Secretary of Defense shall carry out the program through the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment. In carrying out the program, the Under Secretaries shall consult with the Secretary of Energy, the Secretary of Commerce, and the Secretary of Labor.
(c) Functions.—
The functions of the program shall include, with respect to the national technology and industrial base, the following:
(1) The assembly of timely and authoritative information.
(2) Initiation of studies and analyses.
(3) Provision of technical support and assistance to—
(A) the Secretary of Defense for the preparation of the periodic assessments required by section 4816 of this title;
(B) the defense acquisition university structure and its elements; and
(C) other departments and agencies of the Federal Government in accordance with guidance established by the Council.
(4) Dissemination, through the National Technical Information Service of the Department of Commerce, of unclassified information and assessments for further dissemination within the Federal Government and to the private sector.
10 U.S.C. § 4814 (ARMED FORCES)
§ 4814. National technology and industrial base: annual report and quarterly briefings
(a) Annual Report.—
The Secretary of Defense shall transmit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives by March 1 of each year a report which shall include the following information:
(1) A description of the departmental guidance prepared pursuant to section 4811(c) of this title.
(2) A description of the assessments prepared pursuant to section 4816 of this title and other analyses used in developing the budget submission of the Department of Defense for the next fiscal year.
(3) Based on the strategy required by section 4811 of this title and on the assessments prepared pursuant to Executive order or section 4816 of this title—
(A) a map of the industrial base;
(B) a prioritized list of gaps or vulnerabilities in the national technology and industrial base, including—
(i) a description of mitigation strategies necessary to address such gaps or vulnerabilities;
(ii) the identification of the Secretary concerned or the head of the Defense Agency responsible for addressing such gaps or vulnerabilities; and
(iii) a proposed timeline for action to address such gaps or vulnerabilities; and
(C) any other steps necessary to foster and safeguard the national technology and industrial base.
(4) Identification of each program designed to sustain specific essential technological and industrial capabilities and processes of the national technology and industrial base.
(5) A detailed description of any use by the Secretary of Defense or a Secretary concerned, as applicable, during the prior 12 months of a waiver or exception to the sourcing requirements or prohibitions established by chapter 83 of title 41 or subchapter V of chapter 148 of this title, including—
(A) the type of waiver or exception used; and
(B) the reasoning for the use of each such waiver or exception.
(b) Quarterly Briefings.—
(1) The Secretary of Defense shall ensure that the congressional defense committees receive quarterly briefings on the industrial base supporting the Department of Defense, describing challenges, gaps, and vulnerabilities in the defense industrial base and commercial sector relevant to execution of defense missions, and describing initiatives to address such challenges.
(2) Each briefing under paragraph (1) shall include an update on the progress of addressing such gaps or vulnerabilities by the Secretary, the Secretary of the military department concerned, or the appropriate head of a Defense Agency, including an update on—
(A) actions taken to address such gaps or vulnerabilities;
(B) policy changes necessary to address such gaps or vulnerabilities; and
(C) the proposed timeline for action and resources required to address such gaps or vulnerabilities.
10 U.S.C. § 4815 (ARMED FORCES)
§ 4815. Unfunded priorities of the national technology and industrial base: annual report
(a) Annual Report.—
Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the congressional defense committees a report on the unfunded priorities to address gaps or vulnerabilities in the national technology and industrial base.
(b) Elements.—
(1) In general.—
Each report under subsection (a) shall specify, for each unfunded priority covered by such report, the following:
(A) A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part).
(B) The additional amount of funds recommended in connection with the objectives under subparagraph (A).
(C) Account information with respect to such priority, including the following (as applicable):
(i) Line Item Number (LIN) for applicable procurement accounts.
(ii) Program Element (PE) number for applicable research, development, test, and evaluation accounts.
(iii) Sub-activity group (SAG) for applicable operation and maintenance accounts.
(2) Prioritization of priorities.—
Each report shall present the unfunded priorities covered by such report in order of urgency of priority.
(c) Unfunded Priority Defined.—
In this section, the term “unfunded priority”, in the case of a fiscal year, means a program, activity, or mission requirement of the national technology and industrial base that—
(1) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31;
(2) is necessary to address gaps or vulnerabilities in the national technology and industrial base; and
(3) would have been recommended for funding through the budget referred to in paragraph (1) if—
(A) additional resources had been available for the budget to fund the program, activity, or mission requirement; or
(B) the program, activity, or mission requirement had emerged before the budget was formulated.
10 U.S.C. § 4817 (ARMED FORCES)
§ 4817. Industrial Base Fund
(a) Establishment.—
The Secretary of Defense shall establish an Industrial Base Fund (in this section referred to as the “Fund”).
(b) Control of Fund.—
The Fund shall be under the control of the Under Secretary of Defense for Acquisition and Sustainment, acting through the Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy.
(c) Amounts in Fund.—
The Fund shall consist of amounts appropriated or otherwise made available to the Fund.
(d) Use of Fund.—
Subject to subsection (e), the Fund shall be used—
(1) to support the monitoring and assessment of the industrial base required by this chapter;
(2) to address critical issues in the industrial base relating to urgent operational needs;
(3) to support efforts to expand the industrial base; and
(4) to address supply chain vulnerabilities.
(e) Use of Fund Subject to Appropriations.—
The authority of the Secretary of Defense to use the Fund under this section in any fiscal year is subject to the availability of appropriations for that purpose.
(f) Expenditures.—
The Secretary shall establish procedures for expending monies in the Fund in support of the uses identified in subsection (d), including the following:
(1) Direct obligations from the Fund.
(2) Transfers of monies from the Fund to relevant appropriations of the Department of Defense.