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Title 22 — Foreign Relations and IntercourseRelease 119-73

§2679c Prohibition on discriminatory contracts

Title 22 › Chapter CHAPTER 38— - DEPARTMENT OF STATE › § 2679c

Last updated Apr 6, 2026|Official source

Summary

The Department of State must not sign any contract that spends more than the small purchase threshold in 41 U.S.C. 134 (real estate leases are excluded) if the contract is with a foreign person that follows the Arab League boycott of Israel, or with any person who awards subcontracts that discriminate because of religion. The Secretary must also make sure responses to solicitations for those contracts include a required contract clause unless an exception applies. The Secretary can waive the rule for a country for up to one year by telling Congress and saying the waiver is needed for U.S. diplomacy and is in the national interest, with a detailed reason. A foreign person is treated as not following the boycott if the person or the Secretary, using available information, certifies the person took actions banned by 50 U.S.C. 4607(a). The Secretary’s certification can only happen 30 days after Congress is told that the certification process will be used at a specific overseas mission. Definitions: "Complies with the boycott" — takes or agrees to take actions 50 U.S.C. 4607(a) bans; "Foreign person" — anyone who is not a U.S. person under 50 U.S.C. 4618(2).

Full Legal Text

Title 22, §2679c

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)Except for real estate leases and as provided in subsection (b), the Department of State may not enter into any contract that expends funds appropriated to the Department of State for an amount in excess of the small purchase threshold (as defined in section 134 of title 41— 11 So in original. Probably should be “41)—”.
(A)with a foreign person that complies with the Arab League boycott of Israel, or
(B)with any foreign or United States person that discriminates in the award of subcontracts on the basis of religion.
(2)For purposes of this section—
(A)a foreign person complies with the boycott of Israel by Arab League countries when that foreign person takes or knowingly agrees to take any action, with respect to the boycott of Israel by Arab League countries, which section 4607(a) 22 See References in Text note below. of title 50 prohibits a United States person from taking, except that for purposes of this paragraph, the term “United States person” as used in subparagraphs (B) and (C) of section 4607(a)(1) 2 of title 50 shall be deemed to mean “person”; and
(B)the term “foreign person” means any person other than a United States person as defined in section 4618(2) 2 of title 50.
(3)For purposes of paragraph (1), a foreign person shall be deemed not to comply with the boycott of Israel by Arab League countries if that person, or the Secretary of State or his designee on the basis of available information, certifies that the person violates or otherwise does not comply with the boycott of Israel by Arab League countries by taking any actions prohibited by section 4607(a) 2 of title 50. Certification by the Secretary of State or his designee may occur only 30 days after notice has been given to the Congress that this certification procedure will be utilized at a specific overseas mission.
(b)The Secretary of State may waive the requirements of this section on a country-by-country basis for a period not to exceed one year upon certification to the Congress by the Secretary that such waiver is in the national interest and is necessary to carry on diplomatic functions of the United States. Each such certification shall include a detailed justification for the waiver with respect to each such country.
(c)(1)Except as provided in paragraph (2) of this subsection, the Secretary of State shall ensure that any response to a solicitation for a bid or a request for a proposal, with respect to a contract covered by subsection (a), includes the following clause, in substantially the following form:

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 4607(a) of title 50, referred to in subsecs. (a)(2)(A), (3) and (c)(3), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. section 4618(2) of title 50, referred to in subsec. (a)(2)(B), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. section 8(a) of the Export Administration Act of 1979 (50 U.S.C. App. 2407(a)), referred to in subsec. (c)(1) in the quoted clause, is section 8(a) of Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 521, which was editorially transferred to section 4607(a) of Title 50, War and National Defense, and was subsequently repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. Codification In subsec. (a)(1), “section 134 of title 41” substituted for “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.

Amendments

1998—Subsec. (e). Pub. L. 105–277 struck out heading and text of subsec. (e). Text read as follows: “The provisions of this section shall apply to the United States Information Agency in the same manner and extent to which such provisions apply to the Department of State. In the application of this section to the United States Information Agency, the Director of the United States Information Agency or a designee shall have the authorities and responsibilities of the Secretary of State.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1998 AmendmentAmendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an

Effective Date

note under section 6531 of this title.

Short Title

Pub. L. 103–236, title V, § 561, Apr. 30, 1994, 108 Stat. 483, provided that: “This part [part C (§§ 561–565) of title V of Pub. L. 103–236, enacting this section and provisions set out as a note under section 2751 of this title] may be cited as the ‘Anti-Economic Discrimination Act of 1994’.”

Reference

Citations & Metadata

Citation

22 U.S.C. § 2679c

Title 22 — Foreign Relations and Intercourse

Last Updated

Apr 6, 2026

Release point: 119-73