I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fairness in Federal 

5 Contracting Act of 2011’’. 


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•HR 1906 IH

1 SEC. 2. PROHIBITION ON DISCLOSURE OF POLITICAL CON2 TRIBUTIONS. 

3 (a) IN GENERAL.—Chapter 47 of title 41, United 

4 States Code, is amended by adding at the end the fol5 lowing new section: 

6 ‘‘§ 4712. Prohibition on disclosure of political con7 tributions 

8 ‘‘(a) PROHIBITION.—An executive agency may not re9 quire an entity submitting an offer for a Federal contract 

10 or otherwise participating in acquisition of property or 

11 services by the Federal Government to disclose any of the 

12 following information as a condition of submitting the 

13 offer or otherwise participating in such acquisition: 

14 ‘‘(1) Any payment consisting of a contribution, 

15 expenditure, independent expenditure, or disburse16 ment for an electioneering communication that is 

17 made by the entity, its officers or directors, or any 

18 of its affiliates or subsidiaries to a candidate for 

19 election for Federal office or to a political com20 mittee, or that is otherwise made with respect to any 

21 election for Federal office. 

22 ‘‘(2) Any disbursement of funds (other than a 

23 payment described in paragraph (1)) made by the 

24 entity, its officers or directors, or any of its affiliates 

25 or subsidiaries to any individual or entity with the 

26 intent or the reasonable expectation that the indiVerDate Mar 15 2010 19:18 May 24, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1906.IH H1906

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•HR 1906 IH

1 vidual or entity will use the funds to make a pay2 ment described in paragraph (1). 

3 ‘‘(b) NO EFFECT ON OTHER DISCLOSURE REQUIRE4 MENTS.—Nothing in this section may be construed to 

5 waive or otherwise affect the application to an entity de6 scribed in subsection (a) of any provision of law (including 

7 the Federal Election Campaign Act of 1971) that requires 

8 the entity to disclose information on contributions, ex9 penditures, independent expenditures, or electioneering 

10 communications. 

11 ‘‘(c) DEFINITIONS.—In this section— 

12 ‘‘(1) each of the terms ‘contribution’, ‘expendi13 ture’, ‘independent expenditure’, ‘electioneering com14 munication’, ‘candidate’, ‘election’, and ‘Federal of15 fice’ has the meaning given such term in the Federal 

16 Election Campaign Act of 1971 (2 U.S.C. 431 et 

17 seq.); and 

18 ‘‘(2) the term ‘acquisition’ has the meaning 

19 given that term in section 131 of this title.’’. 

20 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

21 The table of contents for chapter 47 of title 41, United 

22 States Code, is amended by inserting after the item relat23 ing to section 4711 the following new item: 

‘‘4712. Prohibition on disclosure of political contributions.’’. 

Æ 


srobinson on DSK4SPTVN1PROD with BILLS