Boycott Our Enemies not Israel Act

To require certifications by prospective contractors with the United States Government that they are not boycotting persons, and for other purposes. 1. Short title This Act may be cited as the Boycott Our Enemies not Israel Act 2. 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) 50 U.S.C. 1701 et seq. (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 Foreign Affairs 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 (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 State of Israel, with any national or resident of the State of Israel, or a business concern organized under the laws of the State of Israel. (2) Executive agency The term executive agency (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.

Summary: Boycott Our Enemies not Israel Act Requires a revision to the Federal Acquisition Regulation to require a certification from each person that is a prospective government contractor that such person, and any person owned or controlled by such person, is not a boycotting person (a person who, with the intent to comply with or support a boycott against Israel, refuses to do business with or in Israel, with any Israeli national or resident, or with a business concern organized under Israeli law). Debars from eligibility for federal contracts for at least two years any person who submits a false certification.