II 

118TH CONGRESS 

2D SESSION S. 4770 

To prohibit Federal agencies from contracting with companies engaged in 

a boycott of Israel, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 25, 2024 

Mr. RISCH (for himself, Mr. CRAPO, Mr. BRAUN, Mrs. BRITT, Mrs. CAPITO, 

Mr. GRAHAM, Mr. GRASSLEY, Mr. HAWLEY, Mr. RICKETTS, Mr. RUBIO, 

Mr. SCOTT of Florida, Mr. THUNE, and Mr. CRUZ) introduced the following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

A BILL 

To prohibit Federal agencies from contracting with companies engaged in a boycott of Israel, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Countering Hate 

5 Against Israel by Federal Contractors Act’’. 


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1 SEC. 2. PROHIBITION ON FEDERAL AGENCIES CON2 TRACTING WITH COMPANIES ENGAGED IN A 

3 BOYCOTT OF ISRAEL. 

4 (a) PROHIBITION.—The head of a Federal agency— 

5 (1) may not enter into a covered contract with 

6 a company after January 1, 2024, unless such com7 pany certifies to such head at the time the contract 

8 is entered into that the company is not engaging in 

9 a boycott of Israel; and 

10 (2) shall include in any covered contract with a 

11 company entered into after January 1, 2024, a pro12 hibition on the company engaging in a boycott of 

13 Israel during the term of the contract. 

14 (b) NOTICES AND REMEDY.— 

15 (1) WRITTEN NOTICE OF PROHIBITION.—The 

16 head of a Federal agency shall include in each solici17 tation for a bid or proposal for a covered contract 

18 written notice of the prohibition described under 

19 subsection (a). 

20 (2) NOTICE UPON FINDING OF BOYCOTT.—Not 

21 later than 30 days after the head of an Federal 

22 agency determines through a public report or a no23 tice from Congress that a company violated the pro24 hibition described under subsection (a)(2) with re25 spect to a covered contract with the Federal agency, 

26 the head of the Federal agency shall— 


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•S 4770 IS

1 (A) notify the company of such determina2 tion; and 

3 (B) make a notice of such determination 

4 available on the website of the agency. 

5 (3) TERMINATION OF CONTRACT.—On the date 

6 that is 30 days after a company receives a notice 

7 under paragraph (2)(A), the head of a Federal agen8 cy shall terminate a covered contract entered into by 

9 the head of the Federal agency with a company for 

10 a violation of the prohibition described under sub11 section (a)(2) by the company, unless the company 

12 ends the boycott of Israel to the satisfaction of the 

13 head of the Federal agency before such date. 

14 (c) APPEAL PROCESS.—The appeals process estab15 lished under chapter 71 of title 41, United States Code, 

16 shall apply with respect to a contract subject to the provi17 sions of this Act. 

18 (d) RULE OF CONSTRUCTION.—Nothing in this Act 

19 shall be construed to— 

20 (1) infringe upon any right protected under the 

21 First Amendment to the Constitution; or 

22 (2) take a position on final status issues associ23 ated with the Palestinian-Israeli conflict. 

24 (e) DEFINITIONS.—In this Act: 


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•S 4770 IS

1 (1) COMPANY.—The term ‘‘company’’ means 

2 any organization, association, corporation, partner3 ship, joint venture, limited partnership, limited li4 ability partnership, limited liability company, or 

5 other entity or business association, including all 

6 wholly owned subsidiaries, majority-owned subsidi7 aries, parent companies, or affiliates of those entities 

8 or business associations (but not including an indi9 vidual or sole proprietorship or individuals) with 

10 more than 10 employees. 

11 (2) COVERED CONTRACT.—The term ‘‘covered 

12 contract’’ means a contract in excess of $100,000 

13 for the procurement of— 

14 (A) services (including disposal and con15 struction services); or 

16 (B) information technology. 

17 (3) ENGAGING IN A BOYCOTT OF ISRAEL.—The 

18 term ‘‘engaging in a boycott of Israel’’ means— 

19 (A) engaging in an action (including a re20 fusal to deal or an action to terminate a busi21 ness activity) that is intended to limit commer22 cial relations with Israel, a person doing busi23 ness in or with Israel, or authorized by, licensed 

24 by, or an entity organized under the laws of the 


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•S 4770 IS

1 State of Israel to do business, when such ac2 tions are taken in— 

3 (i) compliance with or adherence to 

4 calls for a boycott of Israel; or 

5 (ii) a manner that is— 

6 (I) in any way discriminates on 

7 the basis of nationality, national ori8 gin, or religion; or 

9 (II) not based on a valid business 

10 reason; and 

11 (B) includes a statement of the company 

12 that the company— 

13 (i) is participating in an action de14 scribed under subparagraph (A); or 

15 (ii) has taken such action at the re16 quest with, in compliance with, or in fur17 therance of calls for such action. 

18 (4) FEDERAL AGENCY.—The term ‘‘Federal 

19 agency’’ means an instrumentality of the Govern20 ment of the United States, or any political subdivi21 sion thereof, including all boards, commissions, 

22 agencies, institutions, authorities, corporations, and 

23 bodies politic of the Federal Government, established 

24 by or in accordance with Federal law or regulations. 

Æ 


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