Keeping Politics Out of Federal Contracting Act of 2011 - Prohibits the head of an executive agency from: (1) requiring a contractor to submit political information as part of a solicitation, request for bid, request for proposal, or any other communication in connection with the award of a contract for procurement of property or services, during the course of the contract performance, or at any time prior to contract completion and final contract closeout; (2) using such political information as a factor or consideration in the source selection process used to award a competitive or non-competitive contract or in making any decision associated with the modification of a contract or the exercise of a contract option; or (3) including such political information in a contracting past performance database or any database designed to provide information to a contracting officer for purposes of supporting a responsibility determination. Defines "political information" as information relating to political spending, including any payment for an electioneering communication, by a contractor or persons related to such contractor to a candidate for federal office, a political committee, a political party, or to a third party entity for political purposes.
Provides that nothing in this Act shall be construed as: (1) waiving, superseding, restricting, or limiting the application of the Federal Election Campaign Act of 1971 or preventing federal regulatory or law enforcement agencies from collecting or receiving information authorized by law; or (2) precluding the Defense Contract Audit Agency or other auditor from assessing and reviewing information to identify unallowable costs and administering cost principles.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1100 Introduced in Senate (IS)]
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.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3435-3436)
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment favorably.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment. Without written report.
Committee on Homeland Security and Governmental Affairs. Reported by Senator Lieberman with an amendment. Without written report.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 570.
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