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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4564 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4564
To prohibit Federal agencies from contracting with companies engaged in
a boycott of Israel, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 11, 2023
Ms. Tenney introduced the following bill; which was referred to the
Committee on Oversight and Accountability
_______________________________________________________________________
A BILL
To prohibit Federal agencies from contracting with companies engaged in
a boycott of Israel, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Countering Hate Against Israel by
Federal Contractors Act''.
SEC. 2. PROHIBITION ON FEDERAL AGENCIES CONTRACTING WITH COMPANIES
ENGAGED IN A BOYCOTT OF ISRAEL.
(a) Prohibition.--The head of a Federal agency--
(1) may not enter into a covered contract with a company
after January 1, 2024 unless such company certifies to such
head at the time the contract is entered into that the company
is not engaging in a boycott of Israel; and
(2) shall include in any covered contract with a company
entered into after January 1, 2024, a prohibition on the
company engaging in a boycott of Israel during the term of the
contract.
(b) Notices and Remedy.--
(1) Written notice of prohibition.--The head of a Federal
agency shall include in each solicitation for a bid or proposal
for a covered contract written notice of the prohibition
described under subsection (a).
(2) Notice upon finding of boycott.--Not later than 30 days
after the head of an Federal agency determines through a public
report or a notice from Congress that a company violated the
prohibition described under subsection (a)(2) with respect to a
covered contract with the Federal agency, the head of the
Federal agency shall--
(A) notify the company of such determination; and
(B) make a notice of such determination available
on the website of the agency.
(3) Termination of contract.--On the date that is 30 days
after a company receives a notice under paragraph (2)(A), the
head of a Federal agency shall terminate a covered contract
entered into by the head of the Federal agency with a company
for a violation of the prohibition described under subsection
(a)(2) by the company, unless the company ends the boycott of
Israel to the satisfaction of the head of the Federal agency
before such date.
(c) Appeal Process.--The appeals process established under chapter
71 of title 41, United States Code, shall apply with respect to a
contract subject to the provisions of this Act.
(d) Rule of Construction.--Nothing in this Act shall be construed
to--
(1) infringe upon any right protected under the First
Amendment to the Constitution; or
(2) take a position on final status issues associated with
the Palestinian-Israeli conflict.
(e) Definitions.--In this Act:
(1) Company.--The term ``company'' means any organization,
association, corporation, partnership, joint venture, limited
partnership, limited liability partnership, limited liability
company, or other entity or business association, including all
wholly owned subsidiaries, majority-owned subsidiaries, parent
companies, or affiliates of those entities or business
associations (but not including an individual or sole
proprietorship or individuals) with more than 10 employees.
(2) Covered contract.--The term ``covered contract'' means
a contract in excess of $100,000 for the procurement of--
(A) services (including disposal and construction
services); or
(B) information technology.
(3) Engaging in a boycott of israel.--The term ``engaging
in a boycott of Israel'' means--
(A) engaging in an action (including a refusal to
deal or an action to terminate a business activity)
that is intended to limit commercial relations with
Israel, a person doing business in or with Israel, or
authorized by, licensed by, or an entity organized
under the laws of the State of Israel to do business,
when such actions are taken in--
(i) compliance with or adherence to calls
for a boycott of Israel; or
(ii) a manner that is--
(I) in any way discriminates on the
basis of nationality, national origin,
or religion; or
(II) not based on a valid business
reason; and
(B) includes a statement of the company that the
company--
(i) is participating in an action described
under subparagraph (A); or
(ii) has taken such action at the request
with, in compliance with, or in furtherance of
calls for such action.
(4) Federal agency.--The term ``Federal Government entity''
means an instrumentality of the Government of the United
States, or any political subdivision thereof, including all
boards, commissions, agencies, institutions, authorities,
corporations, and bodies politic of the Federal Government,
established by or in accordance with Federal law or
regulations.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Accountability.
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