Draft Executive Order

Floor Speech

Mr. McCONNELL. Madam President, I was happy to see the No. 2 Democrat in the House yesterday take a stand against the President's proposed Executive order, a proposal disguised as increased ``transparency,'' which would allow the administration to review a company's political donations before deciding whether to award a Federal contract. That is right; the administration would be able to review a company's political donations before deciding whether to give them a Federal contract.

Here is how he put it: This is the No. 2 Democrat in the House:

[The] White House plan to require federal contractors to disclose political contributions could politicize the bidding process and undermine its integrity.

Similar efforts have already been rejected by the Supreme Court, the Federal Election Commission, and the Congress during the last session of the Congress. Now there is bipartisan opposition to the administration's Executive order.

The White House is spinning this as ``reform,'' claiming the American people deserve to know how taxpayer money is being used by contractors. However, the proposed Executive order would exclude Democratic allies, including Federal employee labor unions, environmental groups, and, of course, Planned Parenthood.

As I have said, no White House--no White House--should be able to review a contractor's political party affiliation before deciding if they are worthy--worthy--of a government contract. No one should have to worry about whether their political support will determine their ability to get or to keep a Federal contract or to keep a job.

The issuing of contracts by the Federal Government should be based on the contractor's merits, bids, and capabilities. Under no condition--no condition--should political contributions play a role in that decision. However, the White House draft Executive order makes it crystal clear that if a contractor wants to do business with the government--if they want to do business with the government--they cannot contribute to the Republicans.

As Senator Collins recently pointed out, this Executive order would basically repeal the Hatch Act and inject politics back into the procurement process. This is simply unacceptable.

Democracy is compromised when individuals and small businesses fear reprisal or expect favor from the Federal Government as a result of their political associations. So the recent press reports about this unprecedented Executive order raise troubling concerns about an effort to silence or intimidate political adversaries' speech through the government contracting system.

The White House still has an opportunity to not go forward with this order, and you can rest assured we will be watching very closely because the proposed effort would represent an outrageous--a truly outrageous--and antidemocratic abuse of executive branch authority.

It is my sincere hope that the recent reports of the draft Executive order were simply the work of a partisan within the administration and not the position taken by the President himself. He should state his position.

Mr. President, we are waiting for your response.

Madam President, I yield the floor.

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