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[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.''.
                                 <all>
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