Fairness in Federal Contracting Act of 2011 - Prohibits an executive agency from requiring an entity that is bidding on a federal contract or otherwise participating in the acquisition of property or services from the federal government to disclose information on any payments to a candidate for federal office or to a political committee or on any disbursements for such purposes, as a condition for submitting such contract bid or for participating in the acquisition of property or services.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1906 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1906
To amend title 41, United States Code, to prohibit executive agencies
from requiring the disclosure of political contributions by an entity
submitting an offer for a Federal contract.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 13, 2011
Mr. Cole (for himself, Mr. Rokita, Mr. Conaway, Mr. Lankford, Mr.
Griffin of Arkansas, Mr. Pompeo, Mr. Harper, Mr. King of Iowa, Mr.
Rogers of Kentucky, Mrs. Ellmers, and Mr. Miller of Florida) introduced
the following bill; which was referred to the Committee on Oversight
and Government Reform
_______________________________________________________________________
A BILL
To amend title 41, United States Code, to prohibit executive agencies
from requiring the disclosure of political contributions by an entity
submitting an offer for a Federal contract.
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 ``Fairness in Federal Contracting Act
of 2011''.
SEC. 2. PROHIBITION ON DISCLOSURE OF POLITICAL CONTRIBUTIONS.
(a) In General.--Chapter 47 of title 41, United States Code, is
amended by adding at the end the following new section:
``Sec. 4712. Prohibition on disclosure of political contributions
``(a) Prohibition.--An executive agency may not require an entity
submitting an offer for a Federal contract or otherwise participating
in acquisition of property or services by the Federal Government to
disclose any of the following information as a condition of submitting
the offer or otherwise participating in such acquisition:
``(1) Any payment consisting of a contribution,
expenditure, independent expenditure, or disbursement for an
electioneering communication that is made by the entity, its
officers or directors, or any of its affiliates or subsidiaries
to a candidate for election for Federal office or to a
political committee, or that is otherwise made with respect to
any election for Federal office.
``(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to any
individual or entity with the intent or the reasonable
expectation that the individual or entity will use the funds to
make a payment described in paragraph (1).
``(b) No Effect on Other Disclosure Requirements.--Nothing in this
section may be construed to waive or otherwise affect the application
to an entity described in subsection (a) of any provision of law
(including the Federal Election Campaign Act of 1971) that requires the
entity to disclose information on contributions, expenditures,
independent expenditures, or electioneering communications.
``(c) Definitions.--In this section--
``(1) each of the terms `contribution', `expenditure',
`independent expenditure', `electioneering communication',
`candidate', `election', and `Federal office' has the meaning
given such term in the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.); and
``(2) the term `acquisition' has the meaning given that
term in section 131 of this title.''.
(b) Technical and Conforming Amendment.--The table of contents for
chapter 47 of title 41, United States Code, is amended by inserting
after the item relating to section 4711 the following new item:
``4712. Prohibition on disclosure of political
contributions.''.
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Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Government Reform.
Referred to the Subcommittee on Technology, Information Policy, Intergovernmental Relations and Procurement Reform .
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