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) intro-
duced the following bill; which was referred to the Committee on Over-
sight and Government Reform 
A BILL 
To amend title 41, United States Code, to prohibit executive 
agencies from requiring the disclosure of political con-
tributions by an entity submitting an offer for a Federal 
contract. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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SEC. 2. PROHIBITION ON DISCLOSURE OF POLITICAL CON-
TRIBUTIONS. 
(a) IN GENERAL.—Chapter 47 of title 41, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 4712. Prohibition on disclosure of political con-
tributions 
‘‘(a) PROHIBITION.—An executive agency may not re-
quire 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 disburse-
ment 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 com-
mittee, 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 indi-
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vidual or entity will use the funds to make a pay-
ment described in paragraph (1). 
‘‘(b) NO EFFECT ON OTHER DISCLOSURE REQUIRE-
MENTS.—Nothing in this section may be construed to 
waive or otherwise affect the application to an entity de-
scribed 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, ex-
penditures, independent expenditures, or electioneering 
communications. 
‘‘(c) DEFINITIONS.—In this section— 
‘‘(1) each of the terms ‘contribution’, ‘expendi-
ture’, ‘independent expenditure’, ‘electioneering com-
munication’, ‘candidate’, ‘election’, and ‘Federal of-
fice’ 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 relat-
ing to section 4711 the following new item: 
‘‘4712. Prohibition on disclosure of political contributions.’’. 
Æ 
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