§4660 — Title 10 Armed Forces | U.S. Code

Summary

Agencies may not make contractors give political information about the contractor, any subcontractor, or their partners, officers, directors, or employees when asking for bids or proposals or while changing a contract or using a contract option. The ban applies to buying commercial and non‑commercial goods and services, commercial‑off‑the‑shelf items, and to any contract type (for example, contracts, purchase orders, task or delivery orders under IDIQ contracts, blanket purchase agreements, and basic ordering agreements). Exceptions: it does not stop the Federal Election Campaign Act (52 U.S.C. 30101 et seq.) or federal regulators or law enforcement from getting information they are allowed to get, and it does not stop the Defense Contract Audit Agency from reviewing political information to find unallowable costs. Definitions: "contractor" means bidders or offerors and anyone likely to bid; "political information" means information about political spending (like contributions, expenditures, independent expenditures, electioneering communications), payments to candidates, parties, political committees or third parties expected to use funds for political ads, and party affiliation or voting history. Terms like "contribution" and "candidate" have the meanings given in the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.).

Title 10, §4660

Armed Forces — Source: USLM XML via OLRC

(a)The head of an 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; or

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

(b)The prohibition under this section applies to the procurement of commercial products and commercial services, 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.

(c)Nothing in this section shall be construed as—

(1)waiving, superseding, restricting, or limiting the application of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) or preventing Federal regulatory or law enforcement agencies from collecting or receiving information authorized by law; or

(2)precluding the Defense Contract Audit Agency from accessing and reviewing certain information, including political information, for the purpose of identifying unallowable costs and administering cost principles established pursuant to subchapter I of chapter 273 of this title.

(d)In this section:

(1)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.

(2)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.

(3)Each of the terms “contribution”, “expenditure”, “independent expenditure”, “candidate”, “election”, “electioneering communication”, and “Federal office” has the meaning given that term in the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Election Campaign Act of 1971, referred to in subsecs. (c)(1) and (d)(3), is Pub. L. 92–225, Feb. 7, 1972, 86 Stat. 3, which is classified principally to chapter 301 (§ 30101 et seq.) of Title 52, Voting and Elections. For complete classification of this Act to the Code, see Tables.

Prior Provisions

A prior section 4681, act Aug. 10, 1956, ch. 1041, 70A Stat. 262; Pub. L. 96–513, title V, § 512(19), Dec. 12, 1980, 94 Stat. 2930; Pub. L. 107–217, § 3(b)(24), Aug. 21, 2002, 116 Stat. 1297, related to sale to States and certain foreign governments of surplus war material, prior to repeal by Pub. L. 114–328, div. A, title XII, § 1253(a)(1)(D), Dec. 23, 2016, 130 Stat. 2532. Prior sections 4682 to 4690 were renumbered sections 7682 to 7690 of this title, respectively.

Amendments

2021—Pub. L. 116–283, § 1862(b), renumbered section 2335 of this title as this section. Subsec. (c)(2). Pub. L. 117–81 substituted “subchapter I of chapter 273” for “section 2324”. Pub. L. 116–283, § 1883(b)(2), which directed that each reference in the text of title 10 to a section that was redesignated by title XVIII of Pub. L. 116–283, as such section was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, was not executed with respect to “section 2324”, which was redesignated as multiple sections. 2018—Subsec. (b). Pub. L. 115–232 substituted “commercial products and commercial services” for “commercial items”. 2017—Subsecs. (c)(1), (d)(3). Pub. L. 115–91 substituted “(52 U.S.C. 30101 et seq.)” for “(2 U.S.C. 431 et seq.)”. 2014—Subsec. (d)(2). Pub. L. 113–291, § 1071(f)(17)(A), redesignated last sentence as par. (3). Subsec. (d)(3). Pub. L. 113–291, § 1071(f)(17)(B)(ii), (iii), substituted “that term” for “the term” and “Federal Election Campaign” for “Federal Campaign”. Pub. L. 113–291, § 1071(f)(17)(B)(i), which directed amendment of par. (3) by inserting “Other terms.—” before “each of”, was executed by making the insertion before “Each of” to reflect the probable intent of Congress. Pub. L. 113–291, § 1071(f)(17)(A), redesignated last sentence of par. (2) as (3).

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by Pub. L. 117–81 to take effect immediately after the

Amendments

made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date

of 2018 AmendmentAmendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a

Savings Provision

, see section 836(h) of Pub. L. 115–232, set out as an

Effective Date

of 2018 Amendment;

Savings Provision

note under section 453b of Title 6, Domestic Security.

§4660 Prohibition on collection of political information

Summary

Title 10, §4660

Notes & Related Subsidiaries

Editorial Notes

References in Text

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

Savings Provision

Effective Date

Savings Provision

Citations & Metadata