S. 4128 — No Self-Promotion with Public Dollars Act

This section defines seven terms for purposes of the Act: (1) "Cabinet Member" as an individual serving in a position at level I of the Executive Schedule under 5 U.S.C. 5312 (i.e., the 15 Cabinet secretaries, United States Trade Representative, Director of OMB, Commissioner of Social Security, Director of National Drug Control Policy, Chairman of the Federal Reserve Board of Governors, and Director of National Intelligence) or any other position designated by the President as Cabinet-level; (2) "financial relationship" as any relationship deriving financial compensation directly or indirectly from a pecuniary interest; (3) "official advertisement" as an advertisement sponsored by the executive branch to communicate any policy priority of a government entity; (4) "political advertising and marketing firm" as a professional business eligible for a government contract dedicated to creating and executing promotional materials and marketing; (5) "political consulting firm" as a professional services company eligible for a government contract to provide advice, feedback, strategy, and skills; (6) "senior executive political appointee" as an individual employed in an Executive Schedule position (5 U.S.C. 5312-5316), a specified Senior Executive Service appointee, or a Schedule C position of a confidential or policy-determining character; and (7) "special Government employee" as an executive branch special government employee under 18 U.S.C. 202(a).

This section prohibits a Cabinet Member from using federal funds to hire a political consulting firm or political advertising and marketing firm to develop and disseminate official advertisements relating to the Cabinet Member's position, agency, department, or duties if (1) the Cabinet Member is an officer or employee of the firm; (2) the Cabinet Member has a financial relationship with the firm; or (3) any senior executive political appointee or special government employee who reports to the Cabinet Member or is employed by the agency or department has a financial relationship with the firm.

This section requires Cabinet Members, when entering into contracts for official advertisements, to comply with full and open competitive procedures under chapter 33 of title 41, United States Code, and part 6 of the Federal Acquisition Regulation, except as otherwise provided by existing federal law.