,i #aacth ,,congress #ast ,session ,h4 ,r4 #afhh ,,in ,,the ,,house ,,of ,,representatives ,april #bc1 #bjac ,ms4 ,shea-,porter introduced the following bill2 which was referred to the ,committee on ,oversight and ,government ,reform1 and in addition to the ,committee on ,armed ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to prohibit contracting with the enemy4 #a4 ,short title ,this ,act may be cited as the ,never ,contract ,with the ,enemy ,act4 #b4 ,prohibition on contracting with the enemy 7a7 ,statement of policy ,it shall be the policy of the ,united ,states that executive agencies shall not contract with the enemy or with a person or entity that has been identified as providing funds received under a contract1 grant1 or cooperative agreement directly or indirectly to an enemy of the ,united ,states or otherwise supporting those who are actively opposing the ,united ,states or coalition forces in a contingency operation4 7b7 ,authority ,to terminate or void contracts1 grants1 and cooperative agreements and ,to restrict future award 7#a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 the ,federal ,acquisition ,regulation shall be revised to provide that1 upon notice from a ,senior ,procurement ,executive or the commander of a geographic combatant command under subsection 7e77#c71 the head of contracting activity of an executive agency may do the following3 7,a7 ,if the notice is that a person or entity has been identified as providing funds received under a contract1 grant1 or cooperative agreement of the executive agency 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 coalition forces in a contingency operation-- 7i7 either-- 7,i7 terminate for default the contract1 grant1 or cooperative agreement2 or 7,,ii7 void the contract1 grant1 or cooperative agreement in whole or in part2 and 7ii7 restrict the future award to the person or entity so identified of contracts1 grants1 or cooperative agreements of the executive agency4 7,b7 ,if the notice is that the person or entity has failed to exercise due diligence to ensure that none of the funds received under a contract1 grant1 or cooperative agreement of the executive 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 coalition forces in a contingency operation1 terminate for default the contract1 grant1 or cooperative agreement4 7#b7 ,treatment as void ,for purposes of this section3 7,a7 ,a contract1 grant1 or cooperative agreement that is void is unenforceable as contrary to public policy4 7,b7 ,a contract1 grant1 or cooperative agreement that is void in part is unenforceable as contrary to public policy with regard to a segregable task or effort under the contract1 grant1 or cooperative agreement4 7c7 ,contract clause 7#a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 the ,federal ,acquisition ,regulation shall be revised to require that-- 7,a7 the clause described in paragraph 7#b7 shall be included in each covered contract1 grant1 and cooperative agreement of an executive agency that is awarded on or after the date of the enactment of this ,act2 and 7,b7 to the maximum extent practicable1 each covered contract1 grant1 and cooperative agreement of an executive agency that is awarded before the date of the enactment of this ,act shall be modified to include the clause described in paragraph 7#b71 other than the matter provided for in subparagraph 7,a7 of that paragraph4 7#b7 ,clause described ,the clause described in this paragraph is a clause that-- 7,a7 requires the contractor1 or the recipient of the grant or cooperative agreement1 to certify in connection with entry into the contract1 grant1 or cooperative agreement that the contractor or recipient1 as the case may be1 has never knowingly provided funds 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 knowingly supported those who are actively opposing ,united ,states or coalition forces in a contingency operation2 7,b7 requires the contractor1 or the recipient of the grant or cooperative agreement1 to exercise due diligence to ensure that none of the funds received under the contract1 grant1 or cooperative agreement 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 coalition forces in a contingency operation2 and 7,c7 notifies the contractor1 or the recipient of the grant or cooperative agreement1 of the authority of the head of the contracting activity to terminate or void the contract1 grant1 or cooperative agreement1 in whole or in part1 as provided in subsection 7b74 7#c7 ,covered contract1 grant1 or cooperative agreement ,in this subsection1 the term covered contract1 grant1 or cooperative agreement means a contract1 grant1 or cooperative agreement with an estimated value in excess of #bj1jjj4 7d7 ,requirements following contract actions ,not later than #cj days after the date of the enactment of this ,act1 the ,federal ,acquisition ,regulation shall be revised as follows3 7#a7 ,to require that any head of contracting activity taking an action under subsection 7b7 to terminate1 void1 or restrict a contract1 grant1 or cooperative agreement notify in writing the contractor or recipient of the grant or cooperative agreement1 as applicable1 of the action4 7#b7 ,to permit1 in such manner as the ,federal ,acquisition ,regulation as so revised shall provide1 the contractor or recipient of a grant or cooperative agreement subject to an action taken under subsection 7b7 to terminate or void the contract1 grant1 or cooperative agreement1 as the case may be1 an opportunity to contest the action within #cj days of receipt of notice of the action4 7e7 ,identification of supporters of the enemy 7#a7 ,identification ,not later than #cj days after the date of the enactment of this ,act1 the ,secretary of ,defense and each ,senior ,procurement ,executive shall carry out a program to use available intelligence 7including information made available pursuant to subsection 7g77#a77 to-- 7,a7 either-- 7i7 in the case of the geographic combatant commands1 review persons and entities who receive ,united ,states funds through contracts1 grants1 and cooperative agreements performed for such commands in their areas of responsibility2 or 7ii7 in the case of the ,senior ,procurement ,executives1 review persons and entities who receive ,united ,states funds through contracts1 grants1 and cooperative agreements performed for their agencies2 and 7,b7 identify any such persons and entities who are providing funds received under a contract1 grant1 or cooperative agreement of an executive agency 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 coalition forces in a contingency operation4 7#b7 ,discharge by ,do,d through commanders of combatant commands ,the ,secretary of ,defense shall carry out the program required by paragraph 7#a7 through the commanders of the geographic combatant commands4 7#c7 ,notification of contracting activities ,if a ,senior ,procurement ,executive or the commander of a geographic combatant command1 acting pursuant to a program required by paragraph 7#a71 identifies a person or entity as actively supporting an enemy of the ,united ,states or otherwise supporting those who are actively opposing ,united ,states or coalition forces in a contingency operation1 the ,senior ,procurement ,executive or commander1 as the case may be1 shall notify the heads of contracting activities of the executive agencies in writing of such identification4 ,any written notification pursuant to this paragraph shall be made in accordance with procedures established to implement the revisions to the ,federal ,acquisition ,regulation required by this section4 7#d7 ,annual review ,as part of the programs required by paragraph 7#a71 the ,senior ,procurement ,executives and the commanders of the geographic combatant commands shall1 on an annual basis1 review the lists of persons and entities previously covered by a notice under paragraph 7#c7 as having been identified pursuant to paragraph 7#a77;,b7 in order to determine whether or not such persons and entities continue to warrant identification pursuant to paragraph 7#a77;,b74 ,if a ,senior ,procurement ,executive or commander determines pursuant to such a review that a person or entity no longer warrants identification pursuant to paragraph 7#a77;,b71 the ,senior ,procurement ,executive or commander1 as the case may be1 shall notify the heads of contracting activities of the executive agencies in writing of such determination4 7#e7 ,protection of classified information ,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 7b71 or to their representatives1 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 conditions upon which such classified information may be so disclosed4 7f7 ,delegation of certain responsibilities 7#a7 ,responsibility to identify and provide notice ,a ,senior ,procurement ,executive may delegate the responsibilities in paragraphs 7#a71 7#c71 and 7#d7 of subsection 7e7 to the designated deputy of such ,executive4 ,the commander of a geographic combatant command may delegate the responsibilities in such paragraphs to the deputy commander of that combatant command4 ,any delegation of responsibilities under this paragraph shall be made in writing4 7#b7 ,nondelegation of responsibility for contract actions ,the authority provided by subsection 7b7 to terminate1 void1 or restrict contracts1 grants1 and cooperative agreements may not be delegated below the level of head of contracting activity4 7g7 ,additional responsibilities of executive agencies 7#a7 ,dissemination of information on supporters of the enemy ,the ,secretary of ,defense and the ,administrator for ,federal ,procurement ,policy shall jointly carry out a program through which the contracting activities of the executive 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 contracts1 grants1 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 actively opposing ,united ,states or coalition forces in a contingency operation4 ,the program shall be designed to facilitate and encourage the sharing of information between executive agencies and the geographic combatant commands4 7#b7 ,inclusion of information on contract actions in ,,fapiis ,upon the termination1 voiding1 or restriction of a contract1 grant1 or cooperative agreement of an executive agency under subsection 7b71 the head of contracting activity of the executive agency shall provide for the inclusion in the ,federal ,awardee ,performance and ,integrity ,information ,system 7,,fapiis71 or other formal system of records on contractors or entities1 of appropriate information on the termination1 voiding1 or restriction1 as the case may be1 of the contract1 grant1 or cooperative agreement4 7#c7 ,reports ,the head of contracting activity that receives a notice pursuant to subsection 7e77#c7 shall submit to the ,senior ,procurement ,executives and the commanders of the geographic combatant commands a report on the action1 if any1 taken by the head of contracting activity pursuant to subsection 7b71 including a determination not to terminate1 void1 or restrict the contract1 grant1 or cooperative agreement as otherwise authorized by subsection 7b74 7h7 ,reports 7#a7 ,in general ,not later than ,march #a each year1 the ,secretary of ,defense shall1 in consultation with the heads of other executive agencies1 submit to the appropriate committees of ,congress a report on the use of the authorities in this section in the preceding calendar year1 including the following3 7,a7 ,for each instance in which an executive agency exercised the authority to terminate1 void1 or restrict a contract1 grant1 and cooperative agreement pursuant to subsection 7b71 the following3 7i7 ,the executive agency taking such action4 7ii7 ,an explanation of the basis for the action taken4 7iii7 ,the value of the contract1 grant1 or cooperative agreement voided or terminated4 7iv7 ,the value of all contracts1 grants1 or cooperative agreements of the executive agency in force with the person or entity concerned at the time the contract1 grant1 or cooperative agreement was terminated or voided4 7,b7 ,for each instance in which an executive agency did not exercise the authority to terminate1 void1 or restrict a contract1 grant1 and cooperative agreement pursuant to subsection 7b7 as requested pursuant to subsection 7e77#c71 the following3 7i7 ,the executive agency concerned4 7ii7 ,an explanation why the action was not taken4 7#b7 ,form ,any report under this subsection may be submitted in classified form4 7i7 ,other definitions ,in this section3 7#a7 ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,armed ,services1 the ,committee on ,homeland ,security and ,governmental ,affairs1 and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,armed ,services1 the ,committee on ,oversight and ,government ,reform1 and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,the term combatant command means a command established pursuant to chapter #f of title #aj1 ,united ,states ,code4 7#c7 ,the term contingency operation has the meaning given that term in section #aja7;a77#ac7 of title #aj1 ,united ,states ,code4 7#d7 ,the term enemy of the ,united ,states means any of the following3 7,a7 ,any person or organization determined by the ,secretary of ,defense or the ,secretary of ,state to be hostile to ,united ,states forces or interests or providing support to any person or organization hostile to ,united ,states forces or interests during the time of a declared war1 peacekeeping operation1 or other military or contingency operation4 7,b7 ,any organization designated as a terrorist organization under section #bai7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi7;a774 7#e7 ,the term executive agency has the meaning given that term in section #acc of title #da1 ,united ,states ,code4 7#f7 ,the term head of contracting activity has the meaning given that term in subpart #fja of part #a of the ,federal ,acquisition ,regulation4 7#g7 ,the term ,senior ,procurement ,executive has the meaning given that term in section #agjb of title #da1 ,united ,states ,code4 7j7 ,coordination with current authorities applicable to ,,centcom 7#a7 ,repeal of superseded authority ,effective #cj days after the date of the enactment of this ,act1 section #hda of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjab 7,public ,law #aab-ha2 #abe ,stat4 #aeaj2 #aj ,u4,s4,c4 #bcjb note7 is repealed4 7#b7 ,use of superseded authorities in discharge of requirements ,in providing for the discharge of the requirements of this section by the ,department of ,defense1 the ,secretary of ,defense may use and modify for that purpose requirements and procedures established by the ,secretary for purposes of the discharge of the requirements of section #hda of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjab4