H.R. 5727 — Introduced in House

I 113th CONGRESS 2d Session H. R. 5727 IN THE HOUSE OF REPRESENTATIVES November 18, 2014 Mr. Lamborn introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined 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. 1. 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)), as in effect pursuant to the International 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 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 Energy and Commerce 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 means a person who takes or knowingly 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 object of any form of boycott pursuant to United States law or regulation. (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 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 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.