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Prohibition on contracting with employers of convicted traffickers

Division A · Title VIII: Acquisition Policy, Acquisition Management, and Related Matters · Subtitle B: Amendments to General Contracting Authorities, Procedures, and Limitations

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The Department of Defense is prohibited from entering into contracts with companies that employ individuals convicted of trafficking crimes. Existing defense contractors who employ such individuals must notify the Secretary of Defense within 90 days. This rule applies to contracts made or renewed after the law takes effect.

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Section Text · Sec. 826.
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(a) In general

Chapter 363 of title 10, United States Code, is amended by adding at the end the following new section:

4665. Prohibition on contracting with entities employing convicted traffickers.

(a) In general

The Secretary of Defense may not enter into a contract or other agreement with an entity if such entity employs an individual convicted of a trafficking crime.

(b) Definitions

In this section—

(1)

the term individual convicted of a trafficking crime means an individual who has been convicted by a court of competent jurisdiction of a trafficking crime and for whom such conviction has not been overturned; and

(2)

the term trafficking crime means an offense—

(A)

under chapter 77 of title 18, United States Code; or

(B)

under State, local, or tribal law consisting of conduct that would have been an offense under the chapter described in subparagraph (A) if the conduct had occurred within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18, United States Code), or in interstate or foreign commerce.

(b) Clerical amendment

The table of sections for chapter 363 of title 10, United States Code, is amended by adding at the end the following new item:

(c) Applicability

Section 4665 of title 10, United States Code, as added by subsection (a), shall apply only with respect to contracts and other agreements entered into, renewed, or extended on or after the date of the enactment of this Act.

(d) Current Defense contractors

Not later than 90 days after the date of the enactment of this Act, each contractor of the Department of Defense as of the date of the enactment of this Act that employs an individual convicted of a trafficking crime (as defined in section 4665 of title 10, United States Code, as added by subsection (a)) shall submit to Secretary of Defense a notice that contractor employs such an individual.