119-hr2126

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2126 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2126

To preserve open competition and Federal Government neutrality towards 
 the labor relations of Federal Government contractors on Federal and 
 federally funded construction projects, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 March 14, 2025

 Mr. Higgins of Louisiana (for himself, Mr. Meuser, Mr. Collins, Mr. 
 Ogles, Mr. Self, Mr. Thompson of Pennsylvania, Mr. Gill of Texas, Mr. 
Aderholt, Mr. Perry, Mr. Crane, Mr. Cline, Mr. Sessions, Mr. Allen, Mr. 
 Ezell, Mr. Carter of Georgia, Mr. Webster of Florida, Ms. Mace, Mr. 
 Nehls, Mr. Crenshaw, Mr. Fleischmann, Mr. Harris of Maryland, Mr. 
 McClintock, Mr. Biggs of Arizona, Mr. Palmer, Ms. De La Cruz, Mr. 
Moolenaar, Mr. Ciscomani, Mr. Bentz, Mr. Fitzgerald, Mr. Burchett, Mr. 
 Johnson of South Dakota, Mr. Dunn of Florida, Mr. Bilirakis, Ms. 
 Hageman, Mr. Mann, Ms. Boebert, Mrs. Biggs of South Carolina, Mr. 
 Calvert, Mr. Norman, Mr. Wittman, Mr. Onder, Mr. Green of Tennessee, 
Mr. Buchanan, Mrs. Bice, Mr. Guest, Mr. McGuire, Mr. Moore of Alabama, 
 Mr. Bean of Florida, Mr. Guthrie, Mr. Gosar, Mr. Rouzer, Mr. Timmons, 
 Mr. Hunt, Mr. Smith of Nebraska, Mr. Burlison, Mrs. Kiggans of 
 Virginia, Ms. Maloy, Mr. Tiffany, Mr. Haridopolos, Mr. Hudson, Mr. 
 Pfluger, Mr. Knott, Mr. Wilson of South Carolina, Mr. Smucker, Mr. 
 Grothman, Mr. Strong, Mr. Kustoff, Mr. Rutherford, Mr. Rogers of 
 Alabama, Mr. Donalds, Mr. Steube, Mr. Fry, Ms. Letlow, Mr. Davidson, 
 Ms. Foxx, Mr. Hurd of Colorado, Mr. Cloud, Mrs. Houchin, Mr. Austin 
Scott of Georgia, Mr. Hill of Arkansas, Mrs. Harshbarger, Mrs. Cammack, 
Mr. Gooden, Mr. Fallon, Mr. Clyde, Mr. Womack, Mr. Comer, Mr. Barrett, 
 Mr. Kelly of Mississippi, Mr. Williams of Texas, and Mrs. McClain) 
 introduced the following bill; which was referred to the Committee on 
 Oversight and Government Reform

_______________________________________________________________________

 A BILL

To preserve open competition and Federal Government neutrality towards 
 the labor relations of Federal Government contractors on Federal and 
 federally funded construction projects, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Fair and Open Competition Act of 
2025'' or the ``FOCA Act of 2025''.

SEC. 2. PURPOSES.

 It is the purpose of this Act to--

    (1) promote and ensure open competition on Federal and 
 federally funded or assisted construction projects;

    (2) maintain Federal Government neutrality towards the 
 labor relations of Federal Government contractors on Federal 
 and federally funded or assisted construction projects;

    (3) reduce construction costs to the Federal Government and 
 to the taxpayers;

    (4) expand job opportunities, especially for small and 
 disadvantaged businesses; and

    (5) prevent discrimination against Federal Government 
 contractors or their employees based upon labor affiliation or 
 the lack thereof, thereby promoting the economical, 
 nondiscriminatory, and efficient administration and completion 
 of Federal and federally funded or assisted construction 
 projects.

SEC. 3. PRESERVATION OF OPEN COMPETITION AND FEDERAL GOVERNMENT 
 NEUTRALITY.

    (a) Prohibition.--

    (1) General rule.--The head of each executive agency that 
 awards or enters into any construction contract or that 
 obligates funds pursuant to such a contract, shall ensure that 
 the agency, and any construction manager acting on behalf of 
 the Federal Government with respect to such contract, in its 
 bid specifications, project agreements, or other controlling 
 documents does not--
        (A) require or prohibit a bidder, offeror, 
 contractor, or subcontractor from entering into, or 
 adhering to, agreements with 1 or more labor 
 organizations, with respect to that construction 
 project or another related construction project; or
        (B) discriminate against or give preference to a 
 bidder, offeror, contractor, or subcontractor because 
 such bidder, offeror, contractor, or subcontractor--
            (i) becomes a signatory, or otherwise 
 adheres to, an agreement with 1 or more labor 
 organizations with respect to that construction 
 project or another related construction 
 project; or
            (ii) refuses to become a signatory, or 
 otherwise adhere to, an agreement with 1 or 
 more labor organizations with respect to that 
 construction project or another related 
 construction project.

    (2) Application of prohibition.--This subsection shall 
 apply with respect to--
        (A) contracts awarded on or after the date of the 
 enactment of this Act; and
        (B) subcontracts awarded under such contracts.

    (3) Rule of construction.--Nothing in paragraph

    (1) may be 
 construed to prohibit a contractor or subcontractor from 
 voluntarily entering into an agreement described in such 
 paragraph.

    (4) Federal acquisition regulation.--Not later than 60 days 
 after the date of the enactment of this Act, the Federal 
 Acquisition Regulation shall be revised to implement the 
 provisions of this subsection.

    (b) Recipients of Grants and Other Assistance.--The head of each 
executive agency that awards grants, provides financial assistance, or 
enters into cooperative agreements for construction projects after the 
date of the enactment of this Act shall ensure that--

    (1) the bid specifications, project agreements, or other 
 controlling documents for such construction projects of a 
 recipient of a grant or financial assistance, or by the parties 
 to a cooperative agreement, do not contain any of the 
 requirements or prohibitions described in subparagraph
        (A) or
        (B) of subsection

    (a)

    (1) ; or

    (2) the bid specifications, project agreements, or other 
 controlling documents for such construction projects of a 
 construction manager acting on behalf of a recipient or party 
 described in paragraph

    (1) do not contain any of the 
 requirements or prohibitions described in subparagraph
        (A) or
        (B) of subsection

    (a)

    (1) .
            (c) Failure To Comply.--If an executive agency, a recipient of a 
grant or financial assistance from an executive agency, a party to a 
cooperative agreement with an executive agency, or a construction 
manager acting on behalf of such an agency, recipient, or party, fails 
to comply with subsection

    (a) or

    (b) , the head of the executive agency 
awarding the contract, grant, or assistance, or entering into the 
agreement involved, shall take such action, consistent with the law, as 
the head of such agency determines to be appropriate.
            (d) Exemptions.--

    (1) In general.--The head of an executive agency may exempt 
 a particular project, contract, subcontract, grant, or 
 cooperative agreement from the requirements of 1 or more of the 
 provisions of subsections

    (a) and

    (b) if the head of such 
 agency determines that special circumstances exist that require 
 an exemption in order to avert an imminent threat to public 
 health or safety or to serve the national security.

    (2) Special circumstances.--For purposes of paragraph

    (1) , 
 a finding of special circumstances may not be based on the 
 possibility or existence of a labor dispute concerning 
 contractors or subcontractors that are nonsignatories to, or 
 that otherwise do not adhere to, agreements with 1 or more 
 labor organizations, or labor disputes concerning employees on 
 the project who are not members of, or affiliated with, a labor 
 organization.

    (3) Additional exemption for certain projects.--The head of 
 an executive agency, upon application of an awarding authority, 
 a recipient of grants or financial assistance, a party to a 
 cooperative agreement, or a construction manager acting on 
 behalf of any of such entities, may exempt a particular project 
 from the requirements of any or all of the provisions of 
 subsection

    (a) or

    (b) , if the head of such agency finds--
        (A) that the awarding authority, recipient of 
 grants or financial assistance, party to a cooperative 
 agreement, or construction manager acting on behalf of 
 any of such entities had issued or was a party to, as 
 of the date of the enactment of this Act, bid 
 specifications, project agreements, agreements with 1 
 or more labor organizations, or other controlling 
 documents with respect to that particular project, 
 which contained any of the requirements or prohibitions 
 set forth in subsection

    (a)

    (1) ; and
        (B) that 1 or more construction contracts subject 
 to such requirements or prohibitions had been awarded 
 as of the date of the enactment of this Act.

    (e) 

=== Definitions. ===
-In this section:

    (1) Construction contract.--The term ``construction 
 contract'' means any contract for the construction, 
 rehabilitation, alteration, conversion, extension, or repair of 
 buildings, highways, or other improvements to real property.

    (2) Executive agency.--The term ``executive agency'' has 
 the meaning given the term ``Executive agency'' in 

section 105 
 of title 5, United States Code, except that such term does not 
 include the Government Accountability Office.

    (3) Labor organization.--The term ``labor organization'' 
 has the meaning given such term in 

section 701 of the Civil 
 Rights Act of 1964 (42 U.S.C. 2000e).
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