Small Business Additional Temporary Extension Act of 2011

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Ms. COLLINS. Mr. President, I rise today to introduce the Keeping Politics Out of Federal Contracting Act of 2011. This bill would prohibit Federal agencies from collecting or using information about political contributions made by businesses or individuals that seek to do business with the Federal Government. My bill would keep politics out of Federal contracting.

I am pleased to be joined in this effort by Minority Leader MITCH MCCONNELL, Republican Whip JON KYL, Rules Committee Ranking Member LAMAR ALEXANDER, Subcommittee on Contracting Oversight Ranking Member ROB PORTMAN, as well as our colleagues Senators SCOTT BROWN, RON JOHNSON, JERRY MORAN, ORRIN HATCH, CHUCK GRASSLEY, MIKE ENZI, JOHN CORNYN, RICHARD BURR, JOHNNY ISAKSON, DAVID VITTER, JOHN THUNE, JOHN BARRASSO, ROGER WICKER, MIKE JOHANNS, DAN COATS, ROY BLUNT, and KELLY AYOTTE.

We learned in April that the Obama administration was seriously considering requiring Federal agencies to collect information about campaign contributions by companies, some of their employees, and even their directors as a condition of competing for Federal contracts. This is simply shocking. It amounts to intentionally injecting political considerations into the Federal contracting process. What possible good can come from linking political information to a process which must be grounded solely and unequivocally on providing the very best value to American taxpayers?

The trust of the American people in the integrity of our Federal contract award process depends on ensuring that the government's ``best value'' determination is free from political bias. It is unfathomable that this administration would even consider a move that would inject politics into the process, or create a perception that politics is something to be considered in selecting the winners and losers among businesses vying for Federal contracts.

In addition to threatening the integrity of the procurement process, the draft Executive Order would also chill the First Amendment rights of individuals to contribute to the political causes or candidates they choose.

Were the President to issue such an order, undoubtedly we would see a chilling effect on political activity. Many contractors would fear that the success or viability of their business could be threatened if they support the causes or candidates opposed by the administration.

If the collection of such data were required, American businesses would be forced to think twice before contributing to political candidates or causes.

In true Orwellian fashion, the draft executive order suggests that the only way to keep politics out of the contracting process is to include political information with every contract offer. If the White House gets its way, Federal agencies would have to collect information about the campaign contributions and other political expenditures of potential contractors before any contract could be awarded.

This EO would be far reaching and would apply not only to contributions made by the contracting company but also to those made by its directors, officers, and affiliates.

These requirements would also apply retroactively to contributions made two years before the submission of an offer. Just think about--political donations made years before a contract is even contemplated would have to be shared with government officials.

By contrast, my bill reaffirms the fundamental principle that federal contracts should be awarded free from political considerations and be based on the best value to the taxpayers. Specifically, the bill would prohibit a Federal agency from collecting the political information of contractors and their employees as part of any type of request for proposal in anticipation of any type of contract.

It would prohibit the agency from using political information received from any source as a factor in the source selection decision process for new contracts, or in making decisions related to modifications or extensions of existing contracts; and prohibit databases designed to be used by contracting officers to determine the responsibility of bidders from including political information, except for information on contractors' violations already permitted by law.

Whether or not a prospective contractor agrees with the political views of this or any other administration should be completely irrelevant.

Businesses that have supported conservative causes or whose directors have contributed to Republican candidates should not have to fear that bidding for Federal work would be a waste of their effort.

Similarly, in the next Republican administration, contributors to Democratic causes and candidates should not be intimidated from competing for contracts. The result of such considerations would be less competition for Federal contracts and thus higher prices for goods and services procured by the Federal Government.

The President and the Federal contracting system must not discourage businesses from competing for government contracts. At a time when the budget is under severe constraints, the administration should be seeking to expand the pool of bidders, not shrink it.

In April, 27 Senators wrote to the President to express our opposition to this ill-conceived proposal. We pointed out that ``political activity would obviously be chilled if prospective contractors have to fear that their livelihood could be threatened if the causes they support are disfavored by the Administration. No White House should be able to review your political party affiliation or the causes you support before deciding if you are worthy of a government contract. And no American should have to worry about whether his or her political activities or support will affect the ability to get or keep a federal contract *.*.*''

I also joined three other colleagues in a bipartisan letter to the President in May stressing the Executive Order's impact on the Federal contracting process and the already stretched-thin Federal acquisition workforce.

I have not received a response to either letter.

It simply doesn't pass the straight face test for this administration to suggest that this dramatic change in federal contracting is needed to remove politics from the contracting process. In fact, even the administration's chief procurement official recently admitted at a House hearing that there was no evidence of any problem of political corruption in the contracting process that would warrant correction with this type of new Executive Order.

The reality is just the opposite: requiring disclosure of one's political activities and leanings as part of that process would likely ensure that politics would play a role in the award of federal contracts.

If more transparency is truly the goal, why don't these requirements also apply to organizations receiving Federal grants?

In fact, campaign contributions to candidates and political committees already are required to be reported to the Federal Election Commission, and with a click of a mouse, can be viewed on FEC.gov.

Americans should get the best value in the marketplace and not a partisan policy that stifles First Amendment rights, politicizes the contracting process, and reduces competition in Federal contracting. I am pleased to note that my colleagues in the House of Representatives, Representatives DARRELL ISSA, TOM COLE, and SAM GRAVES agree. Today they have introduced an identical measure in that chamber. And last night, the House adopted an amendment to the defense authorization bill that would prohibit Federal agencies from requiring contractors to reveal contributions to political campaigns.

Keep politics out of Federal contracting. I urge my colleagues to support this bill.

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