I 112th CONGRESS 1st Session H. R. 1906 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.

1.

Short title

This Act may be cited as the Fairness in Federal Contracting Act of 2011.

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:

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. .