I 

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. 

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

3 SECTION 1. CERTIFICATIONS BY PROSPECTIVE CONTRAC4 TORS REGARDING BOYCOTTING ACTIVITIES. 

5 (a) DECLARATION OF POLICY.—Section 3(5)(A) of 

6 the Export Administration Act of 1979 (50 U.S.C. 

7 2402(5)(A)), as in effect pursuant to the International 


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1 Emergency Economic Powers Act (50 U.S.C. 1701 et 

2 seq.), is amended to read as follows: 

3 ‘‘(A) to oppose restrictive trade practices 

4 or boycotts against other countries friendly to 

5 the United States or against any United States 

6 person;’’. 

7 (b) MODIFICATION OF THE FAR.— 

8 (1) CERTIFICATION.—Not later than the 90th 

9 day after the date of the enactment of this Act, the 

10 Federal Acquisition Regulation shall be revised to 

11 require a certification from each person that is a 

12 prospective contractor that the person, and any per13 son owned or controlled by the person, is not a boy14 cotting person. 

15 (2) WAIVER.—The President may on a case-by16 case basis waive the requirement that a person make 

17 a certification under paragraph (1) if the President 

18 determines and certifies in writing to the Committee 

19 on Energy and Commerce of the House of Rep20 resentatives and the Committee on Banking, Hous21 ing, and Urban Affairs of the Senate that it is es22 sential to the national security interests of the 

23 United States to do so. 

24 (c) FALSE CERTIFICATIONS.— 


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1 (1) PENALTIES.—If the head of an executive 

2 agency determines that a person has submitted a 

3 false certification under subsection (b) on or after 

4 the date on which the revision of the Federal Acqui5 sition Regulation required by subsection (b) becomes 

6 effective, the head of that executive agency shall ter7 minate any contract with such person and debar and 

8 suspend such person from eligibility for Federal con9 tracts for a period of not less than 2 years. Any 

10 such debarment and suspension shall be subject to 

11 the procedures that apply to debarment and suspen12 sion under the Federal Acquisition Regulation under 

13 subpart 9.4 of part 9 of title 48, Code of Federal 

14 Regulations. 

15 (2) INCLUSION ON LIST OF DEBARRED CON16 TRACTORS.—The Administrator of General Services 

17 shall include on the listing of contractors debarred, 

18 suspended, or proposed for debarment that is main19 tained by the Administrator under subpart 9.4 of 

20 the Federal Acquisition Regulation each person that 

21 is debarred, suspended, or proposed for debarment 

22 or suspension by the head of an executive agency on 

23 the basis of a determination of a false certification 

24 under paragraph (1). 

25 (d) DEFINITIONS.—In this section: 


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1 (1) BOYCOTTING PERSON.— 

2 (A) IN GENERAL.—The term ‘‘boycotting 

3 person’’ means a person who takes or know4 ingly agrees to take any of the actions described 

5 in subparagraph (B) with the intent to comply 

6 with, further, or support any boycott against a 

7 country with which the United States has a free 

8 trade agreement and which is not itself the ob9 ject of any form of boycott pursuant to United 

10 States law or regulation. 

11 (B) ACTIONS DESCRIBED.—The actions re12 ferred to in subparagraph (A) are refusing, or 

13 requiring any other person to refuse, to do busi14 ness with or in the boycotted country, with any 

15 national or resident of the boycotted country, or 

16 a business concern organized under the laws of 

17 the boycotted country. 

18 (2) EXECUTIVE AGENCY.—The term ‘‘executive 

19 agency’’ has the meaning given that term in section 

20 133 of title 41, United States Code. 

21 (e) EFFECTIVE DATE.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), this section and the amendment made by 

24 this section shall take effect upon the expiration of 


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1 the 90-day period beginning on the date of the en2 actment of this Act. 

3 (2) REVISION OF FAR.—Subsection (b)(1) shall 

4 take effect on the date of the enactment of this Act. 

Æ 


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