Never Contract With the Enemy Act
Latest action. Placed on Senate legislative calendarThe list of measures reported out of committee and eligible for floor action. Being on the calendar is not a promise of a vote.Read the full definition (opens a new tab) under General Orders. Calendar No. 485.
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.
The summary continues for 6 more paragraphs. Read it in full on Congress.gov
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Reported to Senate with amendment(s)" stage on July 23, 2014. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on July 23, 2014: Placed on Senate Legislative Calendar under General Orders. Calendar No. 485.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the Senate
- Passage by the House
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 113th Congress (2013-14), 296 of the 9,091 bills and joint resolutions introduced became law, about 3.3 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
Kelly Ayotte (R-NH) introduced it on April 9, 2013, and 10 members have since signed on as cosponsors.
They come from both major parties: 3 Democrats, 7 Republicans.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on April 9, 2013, 4902 days ago. The most recent recorded action was 4432 days ago, on July 23, 2014.
Measures do not carry over. Anything the 113th Congress has not finished by January 3, 2015 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- SenateIn committee, no floor vote yet
- HouseAwaits Senate passage
- PresidentAwaits both chambers