I 
113TH CONGRESS 
1ST SESSION H. R. 1688 
To prohibit contracting with the enemy. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 23, 2013 
Ms. SHEA-PORTER introduced the following bill; which was referred to the 
Committee on Oversight and Government Reform, and in addition to the 
Committee on Armed Services, 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 prohibit contracting with the enemy. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Never Contract With 
the Enemy Act’’. 
SEC. 2. PROHIBITION ON CONTRACTING WITH THE ENEMY. 
(a) STATEMENT OF POLICY.—It shall be the policy 
of the United States that executive agencies shall not con-
tract with the enemy or with a person or entity that has 
been identified as providing funds received under a con-
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tract, grant, or cooperative agreement directly or indi-
rectly to an enemy of the United States or otherwise sup-
porting those who are actively opposing the United States 
or coalition forces in a contingency operation. 
(b) AUTHORITY TO TERMINATE
OR VOID CON-
TRACTS, GRANTS, AND COOPERATIVE AGREEMENTS AND 
TO RESTRICT FUTURE AWARD.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this Act, the Federal 
Acquisition Regulation shall be revised to provide 
that, upon notice from a Senior Procurement Execu-
tive or the commander of a geographic combatant 
command under subsection (e)(3), the head of con-
tracting activity of an executive agency may do the 
following: 
(A) If the notice is that a person or entity 
has been identified as providing funds received 
under a contract, grant, or cooperative agree-
ment of the executive agency directly or indi-
rectly to an enemy of the United States or a 
person or entity who is actively supporting an 
enemy of the United States or otherwise sup-
porting those who are actively opposing United 
States or coalition forces in a contingency oper-
ation— 
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(i) either— 
(I) terminate for default the con-
tract, grant, or cooperative agreement; 
or 
(II) void the contract, grant, or 
cooperative agreement in whole or in 
part; and 
(ii) restrict the future award to the 
person or entity so identified of contracts, 
grants, or cooperative agreements of the 
executive agency. 
(B) If the notice is that the person or enti-
ty has failed to exercise due diligence to ensure 
that none of the funds received under a con-
tract, grant, or cooperative agreement of the ex-
ecutive entity are provided directly or indirectly 
to an enemy of the United States or a person 
or entity who is actively supporting an enemy of 
the United States or otherwise supporting those 
who are actively opposing United States or coa-
lition forces in a contingency operation, termi-
nate for default the contract, grant, or coopera-
tive agreement. 
(2) TREATMENT
AS
VOID.—For purposes of 
this section: 
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States or coalition forces in a contingency oper-
ation; and 
(C) notifies the contractor, or the recipient 
of the grant or cooperative agreement, of the 
authority of the head of the contracting activity 
to terminate or void the contract, grant, or co-
operative agreement, in whole or in part, as 
provided in subsection (b). 
(3) COVERED CONTRACT, GRANT, OR COOPERA-
TIVE
AGREEMENT.—In this subsection, the term 
‘‘covered contract, grant, or cooperative agreement’’ 
means a contract, grant, or cooperative agreement 
with an estimated value in excess of $20,000. 
(d) REQUIREMENTS
FOLLOWING
CONTRACT
AC-
TIONS.—Not later than 30 days after the date of the en-
actment of this Act, the Federal Acquisition Regulation 
shall be revised as follows: 
(1) To require that any head of contracting ac-
tivity taking an action under subsection (b) to termi-
nate, void, or restrict a contract, grant, or coopera-
tive agreement notify in writing the contractor or re-
cipient of the grant or cooperative agreement, as ap-
plicable, of the action. 
(2) To permit, in such manner as the Federal 
Acquisition Regulation as so revised shall provide, 
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the contractor or recipient of a grant or cooperative 
agreement subject to an action taken under sub-
section (b) to terminate or void the contract, grant, 
or cooperative agreement, as the case may be, an op-
portunity to contest the action within 30 days of re-
ceipt of notice of the action. 
(e) IDENTIFICATION
OF
SUPPORTERS
OF
THE 
ENEMY.— 
(1) IDENTIFICATION.—Not later than 30 days 
after the date of the enactment of this Act, the Sec-
retary of Defense and each Senior Procurement Ex-
ecutive shall carry out a program to use available in-
telligence (including information made available pur-
suant to subsection (g)(1)) to— 
(A) either— 
(i) in the case of the geographic com-
batant commands, review persons and enti-
ties who receive United States funds 
through contracts, grants, and cooperative 
agreements performed for such commands 
in their areas of responsibility; or 
(ii) in the case of the Senior Procure-
ment Executives, review persons and enti-
ties who receive United States funds 
through contracts, grants, and cooperative 
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agreements performed for their agencies; 
and 
(B) identify any such persons and entities 
who are providing funds received under a con-
tract, grant, or cooperative agreement of an ex-
ecutive agency directly or indirectly to an 
enemy of the United States or a person or enti-
ty who is actively supporting an enemy of the 
United States or otherwise supporting those 
who are actively opposing United States or coa-
lition forces in a contingency operation. 
(2) DISCHARGE
BY
DOD
THROUGH
COM-
MANDERS
OF
COMBATANT
COMMANDS.—The Sec-
retary of Defense shall carry out the program re-
quired by paragraph (1) through the commanders of 
the geographic combatant commands. 
(3) NOTIFICATION
OF
CONTRACTING
ACTIVI-
TIES.—If a Senior Procurement Executive or the 
commander of a geographic combatant command, 
acting pursuant to a program required by paragraph 
(1), identifies a person or entity as actively sup-
porting an enemy of the United States or otherwise 
supporting those who are actively opposing United 
States or coalition forces in a contingency operation, 
the Senior Procurement Executive or commander, as 
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the case may be, shall notify the heads of con-
tracting activities of the executive agencies in writ-
ing of such identification. Any written notification 
pursuant to this paragraph shall be made in accord-
ance with procedures established to implement the 
revisions to the Federal Acquisition Regulation re-
quired by this section. 
(4) ANNUAL REVIEW.—As part of the programs 
required by paragraph (1), the Senior Procurement 
Executives and the commanders of the geographic 
combatant commands shall, on an annual basis, re-
view the lists of persons and entities previously cov-
ered by a notice under paragraph (3) as having been 
identified pursuant to paragraph (1)(B) in order to 
determine whether or not such persons and entities 
continue to warrant identification pursuant to para-
graph (1)(B). If a Senior Procurement Executive or 
commander determines pursuant to such a review 
that a person or entity no longer warrants identifica-
tion pursuant to paragraph (1)(B), the Senior Pro-
curement Executive or commander, as the case may 
be, shall notify the heads of contracting activities of 
the executive agencies in writing of such determina-
tion. 
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(5) PROTECTION
OF
CLASSIFIED
INFORMA-
TION.—Classified information relied upon to make 
an identification in accordance with this subsection 
may not be disclosed to a contractor or a recipient 
of a grant or cooperative agreement with respect to 
which an action is taken pursuant to the authority 
provided in subsection (b), or to their representa-
tives, in the absence of a protective order issued by 
a court of competent jurisdiction established under 
Article I or Article III of the Constitution of the 
United States that specifically addresses the condi-
tions upon which such classified information may be 
so disclosed. 
(f) DELEGATION OF CERTAIN RESPONSIBILITIES.— 
(1) RESPONSIBILITY
TO
IDENTIFY
AND
PRO-
VIDE
NOTICE.—A Senior Procurement Executive 
may delegate the responsibilities in paragraphs (1), 
(3), and (4) of subsection (e) to the designated dep-
uty of such Executive. The commander of a geo-
graphic combatant command may delegate the re-
sponsibilities in such paragraphs to the deputy com-
mander of that combatant command. Any delegation 
of responsibilities under this paragraph shall be 
made in writing. 
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(2) NONDELEGATION OF RESPONSIBILITY FOR 
CONTRACT
ACTIONS.—The authority provided by 
subsection (b) to terminate, void, or restrict con-
tracts, grants, and cooperative agreements may not 
be delegated below the level of head of contracting 
activity. 
(g) ADDITIONAL RESPONSIBILITIES OF EXECUTIVE 
AGENCIES.— 
(1) DISSEMINATION OF INFORMATION ON SUP-
PORTERS OF THE ENEMY.—The Secretary of De-
fense and the Administrator for Federal Procure-
ment Policy shall jointly carry out a program 
through which the contracting activities of the exec-
utive agencies may provide information to Senior 
Procurement Executives and the commanders of the 
geographic combatant commands relating to persons 
or entities who may be providing funds received 
under contracts, grants, or cooperative agreements 
of the executive agencies directly or indirectly to an 
enemy of the United States or a person or entity 
who is actively supporting an enemy of the United 
States or otherwise supporting those who are ac-
tively opposing United States or coalition forces in 
a contingency operation. The program shall be de-
signed to facilitate and encourage the sharing of in-
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