---
kind: "section"
citation: "10 U.S.C. § 4702"
title: "10"
title_heading: "Armed Forces"
number: "4702"
heading: "Incentives and consideration for qualified training programs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/4702"
units:
  - "Subtitle A — General Military Law"
  - "Part V — Acquisition"
  - "Subpart H — Contract Management"
  - "Chapter 365 — Contractor Workforce"
---

# §4702. Incentives and consideration for qualified training programs

- (a) **Incentives.—** The [Secretary](/usc/10/4951.md?p=3) of Defense shall develop workforce development investment incentives for a contractor that implements a qualified [training](/usc/10/301.md?p=9) [program](/usc/10/2101.md?p=1) to develop the workforce of the contractor in a manner consistent with the needs of the [Department](/usc/10/101.md?p=a-6) of Defense.
- (b) **Consideration of Qualified Training Programs.—** The [Secretary](/usc/10/4951.md?p=3) of Defense shall revise the [Department](/usc/10/101.md?p=a-6) of Defense Supplement to the Federal Acquisition Regulation to require that the system used by the Federal Government to monitor or [record](/usc/10/801.md?p=14) contractor past performance [includes](/usc/10/101.md?p=g-4) an analysis of the availability, quality, and effectiveness of a qualified [training](/usc/10/301.md?p=9) [program](/usc/10/2101.md?p=1) of an offeror as part of the past performance [rating](/usc/10/101.md?p=b-9) of such offeror.
- (c) **Qualified Training Program Defined.—** The term “qualified [training](/usc/10/301.md?p=9) [program](/usc/10/2101.md?p=1)” means any of the following:
  - (1) A [program](/usc/10/2101.md?p=1) eligible to receive funds under the Workforce Innovation and Opportunity Act ([29 U.S.C. 3101](/usc/29/3101.md) et seq.).
  - (2) A [program](/usc/10/2101.md?p=1) eligible to receive funds under the Carl D. Perkins Career and Technical Education Act of 2006 ([20 U.S.C. 2301](/usc/20/2301.md) et seq.).
  - (3) A [program](/usc/10/2101.md?p=1) 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](/usc/29/50.md) et seq.).
  - (4) Any other [program](/usc/10/2101.md?p=1) determined to be a qualified [training](/usc/10/301.md?p=9) [program](/usc/10/2101.md?p=1) for purposes of this section, and that meets the workforce needs of the [Department](/usc/10/101.md?p=a-6) of Defense, as determined by the [Secretary](/usc/10/4951.md?p=3) of Defense.

## Source credit

(Added Pub. L. 116–92, div. A, title VIII, § 864(a), Dec. 20, 2019, 133 Stat. 1522, § 2409a; renumbered § 4702 and amended Pub. L. 116–283, div. A, title X, § 1081(a)(40), title XVIII, § 1863(b), Jan. 1, 2021, 134 Stat. 3873, 4278.)

## Notes

### Editorial Notes

### References in Text

The Workforce Innovation and Opportunity Act, referred to in subsec. (c)(1), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, which enacted chapter 32 (§ 3101 et seq.) of Title 29, Labor, repealed chapter 30 (§ 2801 et seq.) of Title 29 and chapter 73 (§ 9201 et seq.) of Title 20, Education, and made amendments to numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.

The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (c)(2), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Pub. L. 109–270, § 1(b), Aug. 12, 2006, 120 Stat. 683, which is classified generally to chapter 44 (§ 2301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of Title 20 and Tables.

The Act of August 16, 1937, referred to in subsec. (c)(3), is act Aug. 16, 1937, ch. 663, 50 Stat. 664, popularly known as the National Apprenticeship Act, which is classified generally to chapter 4C (§ 50 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 50 of Title 29 and Tables.

### Amendments

2021—Pub. L. 116–283 renumbered section 2409a of this title as this section.

Subsec. (c)(3). Pub. L. 116–283, § 1081(a)(40), substituted “50 Stat. 664;” for “Stat. 664,”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2021 Amendment

Amendment by section 1863(b) of 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.