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 Com-
mittee on Oversight and Government Reform, and in addition to the 
Committee on Foreign Affairs, for a period to be subsequently deter-
mined 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CERTIFICATIONS BY PROSPECTIVE CONTRAC-
TORS 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 
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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 per-
son owned or controlled by the person, is not a boy-
cotting 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 Rep-
resentatives and the Committee on Banking, Hous-
ing, and Urban Affairs of the Senate that it is es-
sential to the national security interests of the 
United States to do so. 
(c) FALSE CERTIFICATIONS.— 
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(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 Acqui-
sition Regulation required by subsection (b) becomes 
effective, the head of that executive agency shall ter-
minate any contract with such person and debar and 
suspend such person from eligibility for Federal con-
tracts 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 suspen-
sion 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 CON-
TRACTORS.—The Administrator of General Services 
shall include on the listing of contractors debarred, 
suspended, or proposed for debarment that is main-
tained 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: 
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(1) BOYCOTTING PERSON.— 
(A) IN GENERAL.—The term ‘‘boycotting 
person’’ means a person who takes or know-
ingly 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 ob-
ject of any form of boycott pursuant to United 
States law or regulation. 
(B) ACTIONS DESCRIBED.—The actions re-
ferred to in subparagraph (A) are refusing, or 
requiring any other person to refuse, to do busi-
ness 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 para-
graph (2), this section and the amendment made by 
this section shall take effect upon the expiration of 
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