Never Contract With the Enemy Act

Bill: 113-s-675
Sponsor: Sen. Ayotte, Kelly [R-NH]
Introduced: 2013-04-09 in the Senate
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures
Conflicts and wars
Congressional oversight
Government information and archives
Intelligence activities, surveillance, classified information
Military command and structure
Military operations and strategy
Military procurement, research, weapons development
Public contracts and procurement

Summary:
action_date: 2013-04-09
text: 
Never Contract With the Enemy Act - States that it shall be the policy of the United States that executive agencies shall not contract with the enemy or with any person or entity that provides funds received under a contract, grant, or cooperative agreement to an enemy of the United States or that otherwise supports those actively opposing the United States or coalition forces in a contingency operation. Authorizes the termination or nullification of contracts, grants, and cooperative agreements valued in excess of $20,000 (currently, $100,000) with persons or entities identified as enemies of the United States. 
 
Requires the Secretary of Defense (DOD) and each senior procurement executive to use available intelligence to identify persons and entities who receive U.S. funds through contracts, grants, and cooperative agreements and who are: (1) providing such funds to an enemy or to a person or entity who is actively supporting an enemy of the United States, or (2) otherwise supporting those who are actively opposing U.S. or coalition forces in a contingency operation. 
 
Requires the Secretary and the Administrator for Federal Procurement Policy to jointly carry out a program for providing information to senior procurement executives and commanders of the geographic combatant commands relating to persons or entities who may be providing funding under contracts, grants, or cooperative agreements to enemies of the United States.

action_date: 2014-07-23
text: 
Never Contract With the Enemy Act - (Sec. 2) Directs the Secretary of Defense, in conjunction with the Director of National Intelligence and in consultation with the Secretary of State, to establish in each covered combatant command (i.e., the U.S. Africa Command, Central Command, European Command, Pacific Command, and Southern Command) a program to identify persons and entities within the area of responsibility of such command that: (1) provide funds, including goods and services, received under a contract, grant, or cooperative agreement of an executive agency to a person or entity that is actively opposing U.S. or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities (covered person or entity); or (2) fail to exercise due diligence to ensure that none of such funds are provided to a covered person or entity. Requires written notification of the identification of a covered person or entity to the head of an executive agency or the commander of a covered command, who shall then notify the heads of contracting activities or other appropriate officials.
 
Requires the revision of applicable procurement regulations to: (1) authorize the head of contracting activity of an executive agency, upon receiving notice of a covered person or entity, to restrict, terminate, or void the award of contracts, grants, or cooperative agreements that would provide funds to such covered person or entity; (2) require the inclusion of a clause in each covered contract, grant, or cooperative agreement requiring the recipient of funds to exercise due diligence to ensure that funds are not provided to a covered person or entity; and (3) require written notification to a contractor or recipient of a grant or cooperative agreement of an action to restrict, terminate, or void a grant, contract, or cooperative agreement and permit such contractor or recipient to challenge such action by requesting an administrative review. Defines "covered contract, grant, or cooperative agreement" as a contract, grant, or cooperative agreement with an estimated value in excess of $50,000 that is performed outside the United States.
 
Requires the Secretary of Defense to review annually the lists of previously identified covered persons and entities to determine whether such persons or entities warrant further identification as such.
 
Requires the Director of the Office of Management and Budget (OMB), not later than March 1 of 2016, 2017, and 2018, to submit to specified congressional committees a report on the use of authority under this Act to identify covered persons or entities.
 
Provides that nothing in this Act shall apply to the authorized intelligence or law enforcement activities of the U.S. government. 
 
Terminates the provisions of this section on December 31, 2019. 
 
(Sec. 3) Requires the revision of applicable procurement regulations to allow for inclusion of a clause in each covered contract, grant, and cooperative agreement authorizing an executive agency head to examine any records of the recipient upon a written determination that funds under the contract, grant, or cooperative agreement have been provided to a covered person or entity. 
 
Requires the OMB Director , not later than March 1 of 2016, 2017, and 2018, to submit a report on the use of such authority to examine records in the preceding calendar year.


Legislative actions:
action_date: 2014-07-23
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 485.
action_date: 2014-07-23
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Carper with an amendment in the nature of a substitute. With written report No. 113-216.
action_date: 2014-07-23
text: Committee on Homeland Security and Governmental Affairs. Reported by Senator Carper with an amendment in the nature of a substitute. With written report No. 113-216.
action_date: 2014-05-21
text: Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2013-04-09
text: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
action_date: 2013-04-09
text: Introduced in Senate