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Title 10 — Armed Forces

Part V · Chapter 363 — Prohibition and Penalties

§ 4658. Debarment of persons convicted of fraudulent use of “Made in America” labels

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. National Defense Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 div. A title VIII § 834(a)(1) · 106 Stat. 2315

    Enacted · 10 U.S.C. § 4658

    Added Pub. L. 102–484, div. A, title VIII, § 834(a)(1), Oct. 23, 1992, 106 Stat. 2461, § 2410f

    Source evidence

    Code source credit
    Added Pub. L. 102–484, div. A, title VIII, § 834(a)(1), Oct. 23, 1992, 106 Stat. 2461, § 2410f

    Enacted provision · exact public law section
    (1) Chapter 141 of title 10, United States Code, as amended by sections 384, 808, and 813, is further amended by adding at the end the following new section: “§2410f. 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 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. If the Secretary Reports. 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. “(b) For purposes of this section, the term ‘debar’ has the meaning given that term by section 2393(c) of this title.”.

  2. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1062(f) · 110 Stat. 186

    Struck · 10 U.S.C. § 4658(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (f) Report on Determination Not To Debar for Fraudulent Use of Labels.— Section 2410fta) of such title is amended by striking out the second sentence.

  3. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1503(a)(22) · 110 Stat. 186

    Substituted · 10 U.S.C. § 4658(b)

    Pub. L. 104–106, § 1503(a)(22), substituted “In” for “For purposes of”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–106, § 1503(a)(22), substituted “In” for “For purposes of”.

    Enacted provision · exact public law section
    (22) Section 2410fib) is amended by striking out “For purposes of’ and inserting in lieu thereof “In”.

  4. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 div. A title X § 1048(a)(20) · 115 Stat. 1012

    Inserted · 10 U.S.C. § 4658(a)

    Pub. L. 107–107 inserted “, or another inscription with the same meaning,” after “inscription”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–107 inserted “, or another inscription with the same meaning,” after “inscription”.

    Enacted provision · exact public law section
    (20) Section 2410f(a) is amended by inserting after “inscription” the following: “, or another inscription with the same meaning,”.

  5. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1862(b) · 134 Stat. 3388

    Changed · 10 U.S.C. § 4658

    Pub. L. 116–283, § 1862(b), renumbered section 2410f of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1862(b), renumbered section 2410f of this title as this section.

    Enacted provision · exact public law section
    (b) Transfer and Redesignation of Title 10 Sections.— The sections of title 10, United States Code, specified in the left-hand column of the following table are transferred to chapter 363 of such title, as amended by subsection (a), inserted (in the order shown in the following table) after the table of sections at the beginning of such chapter, and redesignated in accordance with the section numbers in the right-hand column, as follows: SectionRedesignated Section 22074651 22494652 23924653 23934654 24024655 24084656 23394657 2410f4658 2410i4659 23354660

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included 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.

  6. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1862(c)(2) · 134 Stat. 3388

    1. Amended · 10 U.S.C. § 4658(b)

      Pub. L. 116–283, § 1862(c)(2), as amended by Pub. L. 117–81, § 1701(b)(20)

    2. Substituted · 10 U.S.C. § 4658(b)

      Pub. L. 116–283, § 1862(c)(2), as substituted “section 4654(c)” for “section 2393(c)”

    Source evidence

    Code amendment note
    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)”.

    Enacted provision · exact public law section
    (2) Subsection (b) of section 4657 of title 10, United States Code, as transferred and redesignated by subsection (b), is amended by striking “section 2393(c)” and inserting “section 4654(c)”.

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included 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.

7 of 7 references resolved to an enrolled provision

Editorial Notes

Amendments1996–2021 · 3 rounds

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 another inscription with the same meaning,” after “inscription”.

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 included 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 , 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), , 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 [].”

Prohibition of Contracts

Pub. L. 106–398, § 1 [[div. A], title VIII, § 825(b)], , 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 accordance 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 Defense.”

Similar provisions were contained in the following prior authorization acts:

Pub. L. 106–65, div. A, title VIII, § 816(b), , 113 Stat. 712.

Pub. L. 103–160, div. A, title VIII, § 849(b), , 107 Stat. 1725.

Credits

1992–2021 · 5 acts
  1. 1992Added Pub. L. 102–484, div. A, title VIII, § 834(a)(1), , 106 Stat. 2461, § 2410f
  2. 1996amended Pub. L. 104–106, div. A, title X, § 1062(f), title XV, § 1503(a)(22), , 110 Stat. 444, 512
  3. 2001Pub. L. 107–107, div. A, title X, § 1048(a)(20), , 115 Stat. 1223
  4. 2021renumbered § 4658 and amended Pub. L. 116–283, div. A, title XVIII, § 1862(b), (c)(2), , 134 Stat. 4277, 4278
  5. 2021Pub. L. 117–81, div. A, title XVII, § 1701(b)(20), , 135 Stat. 2135.
Show as published

(Added Pub. L. 102–484, div. A, title VIII, § 834(a)(1), , 106 Stat. 2461, § 2410f; amended Pub. L. 104–106, div. A, title X, § 1062(f), title XV, § 1503(a)(22), , 110 Stat. 444, 512; Pub. L. 107–107, div. A, title X, § 1048(a)(20), , 115 Stat. 1223; renumbered § 4658 and amended Pub. L. 116–283, div. A, title XVIII, § 1862(b), (c)(2), , 134 Stat. 4277, 4278; Pub. L. 117–81, div. A, title XVII, § 1701(b)(20), , 135 Stat. 2135.)

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