On April 13, 2011, the Obama Administration issued a draft Executive Order that would require the disclosure of certain political contributions of federal contractors. The draft Order requires all entities submitting a bid for any federal contract to disclose:

·         All contributions or expenditures to or on behalf of federal candidates, parties or party committees that are made not only by the potential contracting organization but also its directors or officers or any subsidiaries within its control

·         Any contributions made to third-parties for the purpose of making independent expenditures or electioneering communications

These disclosures would cover the two years prior to the submission and would be required when the aggregate amount of contributions and expenditures exceeds $5,000 to a given recipient in a given year. It is of note that this draft Order only includes disclosure requirements and does not prohibit or limit political contributions or expenditures.

It’s not currently known when a final Order may be issued, but updates will be provided as available.

Council members may follow this link to read the full, related memo from Skadden Arps released April 20, 2011, White House Issues Draft Executive Order Implementing “Pay-to-Play” Policy for Federal Contactors