Ayotte's "Never Contract with the Enemy" Legislation Advances in Senate

Press Release

The Senate Homeland Security and Governmental Affairs Committee this week unanimously approved bipartisan legislation authored by U.S. Senator Kelly Ayotte (R-NH)-- the "Never Contract with the Enemy Act" (S. 675) - that would allow procurement officials government-wide to more quickly sever ties with contractors who funnel taxpayer dollars to enemies of the United States.

The legislation, which Senator Ayotte introduced with Senator Richard Blumenthal (D-CT) in April 2013, would expand and enhance provisions that Ayotte successfully included in the Fiscal Year 2012 National Defense Authorization Act (NDAA) that gave Pentagon procurement officials in the Central Command area of operations the ability to more easily sever ties with contractors who funnel tax dollars to those who are working against the United States and our interests. Those provisions have been credited with helping prevent $31 million in U.S. taxpayer money from going to enemies of the United States.

In the Fiscal Year 2014 NDAA, Ayotte successfully included an expansion of these authorities to other geographic combatant commands, and lowered the covered contract threshold to $50,000 from $100,000, based on the findings of the Special Inspector General for Afghanistan Reconstruction that 80 percent of contracts performed in Afghanistan fell below the $100,000 threshold.

""Never Contract With the Enemy' is a continuation of my work to keep taxpayer dollars from falling into the hands of America's enemies. Provisions I passed two years ago have helped the Defense Department stop $31 million from being diverted to insurgents," said Senator Ayotte. "This common sense legislation gives all federal agencies contracting abroad the ability to expeditiously cut off funds that we know are going to groups that are working against America's interests."

Under Ayotte's legislation, upon learning that a contract, grant, or cooperative agreement is being used to funnel U.S. tax dollars to enemies of the U.S., the head of an executive agency or the combatant commander of a geographic combatant command would be required to send a written notification of such determination to the respective agency head of contracting activities. Upon notice from the head of an executive agency or the appropriate commander, the head of contracting activity of an executive agency may terminate for default the contract, grant, or cooperative agreement or void the contract, grant, or cooperative agreement and restrict future awards.

Ayotte's legislation has been endorsed by the Special Inspector General for Afghanistan Reconstruction (SIGAR), who has said that her "bill will strengthen existing law to ensure that U.S. contracting dollars do not go to individuals and groups opposing U.S. and coalition forces."

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