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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5727 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5727

 To require certifications by prospective contractors with the United 
 States Government that they are not boycotting persons, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2014

 Mr. Lamborn introduced the following bill; which was referred to the 
 Committee on Oversight and Government Reform, and in addition to the 
     Committee on Foreign Affairs, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
 To require certifications by prospective contractors with the United 
 States Government that they are not boycotting persons, and for other 
                               purposes.

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

SECTION 1. CERTIFICATIONS BY PROSPECTIVE CONTRACTORS REGARDING 
              BOYCOTTING ACTIVITIES.

    (a) Declaration of Policy.--Section 3(5)(A) of the Export 
Administration Act of 1979 (50 U.S.C. 2402(5)(A)), as in effect 
pursuant to the International Emergency Economic Powers Act (50 U.S.C. 
1701 et seq.), is amended to read as follows:
                    ``(A) to oppose restrictive trade practices or 
                boycotts against other countries friendly to the United 
                States or against any United States person;''.
    (b) Modification of the FAR.--
            (1) Certification.--Not later than the 90th day after the 
        date of the enactment of this Act, the Federal Acquisition 
        Regulation shall be revised to require a certification from 
        each person that is a prospective contractor that the person, 
        and any person owned or controlled by the person, is not a 
        boycotting person.
            (2) Waiver.--The President may on a case-by-case basis 
        waive the requirement that a person make a certification under 
        paragraph (1) if the President determines and certifies in 
        writing to the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Banking, Housing, and 
        Urban Affairs of the Senate that it is essential to the 
        national security interests of the United States to do so.
    (c) False Certifications.--
            (1) Penalties.--If the head of an executive agency 
        determines that a person has submitted a false certification 
        under subsection (b) on or after the date on which the revision 
        of the Federal Acquisition Regulation required by subsection 
        (b) becomes effective, the head of that executive agency shall 
        terminate any contract with such person and debar and suspend 
        such person from eligibility for Federal contracts for a period 
        of not less than 2 years. Any such debarment and suspension 
        shall be subject to the procedures that apply to debarment and 
        suspension under the Federal Acquisition Regulation under 
        subpart 9.4 of part 9 of title 48, Code of Federal Regulations.
            (2) Inclusion on list of debarred contractors.--The 
        Administrator of General Services shall include on the listing 
        of contractors debarred, suspended, or proposed for debarment 
        that is maintained by the Administrator under subpart 9.4 of 
        the Federal Acquisition Regulation each person that is 
        debarred, suspended, or proposed for debarment or suspension by 
        the head of an executive agency on the basis of a determination 
        of a false certification under paragraph (1).
    (d) Definitions.--In this section:
            (1) Boycotting person.--
                    (A) In general.--The term ``boycotting person'' 
                means a person who takes or knowingly agrees to take 
                any of the actions described in subparagraph (B) with 
                the intent to comply with, further, or support any 
                boycott against a country with which the United States 
                has a free trade agreement and which is not itself the 
                object of any form of boycott pursuant to United States 
                law or regulation.
                    (B) Actions described.--The actions referred to in 
                subparagraph (A) are refusing, or requiring any other 
                person to refuse, to do business with or in the 
                boycotted country, with any national or resident of the 
                boycotted country, or a business concern organized 
                under the laws of the boycotted country.
            (2) Executive agency.--The term ``executive agency'' has 
        the meaning given that term in section 133 of title 41, United 
        States Code.
    (e) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), this 
        section and the amendment made by this section shall take 
        effect upon the expiration of the 90-day period beginning on 
        the date of the enactment of this Act.
            (2) Revision of far.--Subsection (b)(1) shall take effect 
        on the date of the enactment of this Act.
                                 <all>
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