S 1100

112th CONGRESS
1st Session

S. 1100

To amend title 41, United States Code, to prohibit inserting politics into the Federal acquisition process by prohibiting the submission of political contribution information as a condition of receiving a Federal contract.

IN THE SENATE OF THE UNITED STATES

May 26, 2011

Ms. COLLINS (for herself, Mr. MCCONNELL, Mr. KYL, Mr. ALEXANDER, Mr. PORTMAN, Mr. BROWN of Massachusetts, Mr. JOHNSON of Wisconsin, Mr. MORAN, Mr. HATCH, Mr. GRASSLEY, Mr. ENZI, Mr. CORNYN, Mr. BURR, Mr. ISAKSON, Mr. VITTER, Mr. THUNE, Mr. BARRASSO, Mr. WICKER, Mr. JOHANNS, Mr. COATS, Ms. AYOTTE, and Mr. BLUNT) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs


A BILL

To amend title 41, United States Code, to prohibit inserting politics into the Federal acquisition process by prohibiting the submission of political contribution information as a condition of receiving 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 `Keeping Politics Out of Federal Contracting Act of 2011'.

SEC. 2. PROHIBITION ON CERTAIN USES OF POLITICAL INFORMATION.

    (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 certain uses of political information

    `(a) Prohibition on Requiring Submission of Political Information- The head of an executive agency may not require a contractor to submit political information related to the contractor or a subcontractor at any tier, or any partner, officer, director, or employee of the contractor or subcontractor--

      `(1) as part of a solicitation, request for bid, request for proposal, or any other form of communication designed to solicit offers in connection with the award of a contract for procurement of property or services;

      `(2) during the course of contract performance as part of the process associated with modifying a contract or exercising a contract option; or

      `(3) any time prior to contract completion and final contract closeout.

    `(b) Prohibition on Use of Political Information- The head of an executive agency may not use political information, whether obtained from a contractor or prospective contractor or from an independent public or nonpublic source, as a factor or consideration in the source selection process used to award a competitive or non-competitive contract at any value or in making any decision associated with the modification of a contract or the exercise of a contract option.

    `(c) Prohibition on Inclusion of Political Information in Contracting Databases-

      `(1) IN GENERAL- Except as provided under paragraph (2), an executive agency may not include political information in the contracting past performance database or any database designed to provide information to a contracting officer for purposes of supporting the responsibility determination by such officer.

      `(2) EXCEPTION FOR DISCLOSURE OF CERTAIN VIOLATIONS-

        `(A) EXCEPTION- Data required as of the date of the enactment of the Keeping Politics Out of Federal Contracting Act of 2011 to be included in the database maintained under section 2313 of this title are not subject to the prohibition under paragraph (1).

        `(B) RULE OF CONSTRUCTION- Notwithstanding subparagraph (A), this paragraph shall not be construed as authorizing the inclusion of political information pursuant to subsection (c)(6) of such section.

    `(d) Applicability- The prohibitions under this section apply to the procurement of commercial items, the procurement of commercial-off-the-shelf-items, and the non-commercial procurement of supplies, property, services, and manufactured items, irrespective of contract vehicle, including contracts, purchase orders, task or deliver orders under indefinite delivery/indefinite quantity contracts, blanket purchase agreements, and basic ordering agreements.

    `(e) Rule of Construction- Nothing in this section shall be construed as waiving, superseding, restricting, or limiting the application of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) or preventing Federal regulatory or law enforcement agencies from collecting or receiving information authorized by law.

    `(f) Definitions- In this section:

      `(1) ACQUISITION- The term `acquisition' has the meaning given the term in section 131 of this title.

      `(2) CONTRACTOR- The term `contractor' includes contractors, bidders, and offerors, and individuals and legal entities who would reasonably be expected to submit offers or bids for Federal Government contracts.

      `(3) EXECUTIVE AGENCY- The term `executive agency' has the meaning given the term in section 133 of this title.

      `(4) POLITICAL INFORMATION- The term `political information' means information relating to political spending, including any payment consisting of a contribution, expenditure, independent expenditure, or disbursement for an electioneering communication that is made by the contractor, any of its partners, officers, directors or employees, or any of its affiliates or subsidiaries to a candidate or on behalf of a candidate for election for Federal office, to a political committee, to a political party, to a third party entity with the intention or reasonable expectation that it would use the payment to make independent expenditures or electioneering communications, or that is otherwise made with respect to any election for Federal office, party affiliation, and voting history. Each of the terms `contribution', `expenditure', `independent expenditure', `candidate', `election', `electioneering communication', and `Federal office' has the meaning given the term in the Federal Campaign Act of 1971 (2 U.S.C. 431 et seq.).'.

    (b) Clerical Amendment- The table of sections at the beginning of 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 Certain Uses of Political Information.'.

END