[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4770 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4770

To prohibit Federal agencies from contracting with companies engaged in 
              a boycott of Israel, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 2024

Mr. Risch (for himself, Mr. Crapo, Mr. Braun, Mrs. Britt, Mrs. Capito, 
  Mr. Graham, Mr. Grassley, Mr. Hawley, Mr. Ricketts, Mr. Rubio, Mr. 
  Scott of Florida, Mr. Thune, and Mr. Cruz) introduced the following 
 bill; which was read twice and referred to the Committee on Homeland 
                   Security and Governmental Affairs

_______________________________________________________________________

                                 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 agency'' 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.
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