88 Business Groups and Trade Associations Send Letter to Obama on Draft EO

May 16, 2011

Following on the heels of last week’s House hearing and increasing Democratic opposition, 88 business groups and trade associations, including the U.S. Chamber, sent a letter tonight to the President urging him not to sign an Executive Order that would require businesses to disclose their political spending as part of their bids for a federal government contract.

As stated in the letter:

  • Rather than strengthening these existing safeguards, the draft executive order would politicize the procurement process.  The proposed order will either encourage covered speakers to refrain from exercising their constitutional speech rights so as to avoid jeopardizing their competitiveness for federal contracts, or it will encourage speakers to alter their political messages in ways perceived to increase their chances of being awarded federal contracts.  Either effect is a problem under the First Amendment.
  • The Executive has a statutory obligation to procure goods and services based on the best value for the American taxpayer.  It also has constitutional obligations to respect the legislative domain of Congress, to refrain from chilling protected political speech, and to avoid subjecting citizens to arbitrary laws.  The draft executive order violates each of these duties and potentially turns the procurement process into a tool with which to reward political allies and punish political opponents.  Accordingly, we urge you to abandon this dangerous and ill-advised proposal.  American businesspeople should not be forced to limit the exercise of their constitutional rights under a new and oppressive regulatory scheme.

You can view the letter and the signatory organizations on uschamber.com.

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