Government Contractor Draft Executive Order

President Obama is reportedly considering issuing an executive order requiring bidders for government contracts to disclose political donations. The draft would require every entity bidding on a federal contract – including nonprofits – to disclose contributions to and expenditures on behalf of federal candidates, parties, or party committees, plus those made to third-party entities “with the intention or reasonable expectation” that the “parties would use those contributions to make independent expenditures or electioneering communications.” As written, it covers contributions and expenditures made by the bidder, including its directors and officers, so nonprofits bidding on contracts would have to survey their board members and make disclosures. The proposed disclosure requirement is supported by over two dozen public interest groups, including OMB Watch, Democracy 21, and the Main Street Alliance.

Status

The House of Representatives voted in early June to block the proposal. A June 5 editorial in the Washington Post with the intent of keeping politics and money out of the procurement process, but criticized the draft order.

Other Resources

• Draft Executive Order
• “Campaign Finance End Run,” Washington Post Editorial June 5, 2011
• Legislation to Bar Executive Order