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Union Calendar No. 734 

118TH CONGRESS 

2D SESSION H. R. 1209 

[Report No. 118–899] 

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 

FEBRUARY 27, 2023 

Mr. COMER (for himself, Ms. FOXX, Ms. MACE, Mr. MOOLENAAR, Mr. PERRY, 

Mr. ROSENDALE, Mr. NORMAN, Mr. WEBER of Texas, Mr. JOHNSON of 

Louisiana, Mr. SESSIONS, Mr. CARL, Mr. HERN, Mr. OWENS, Mr. 

ALLEN, Mr. CRENSHAW, Ms. BOEBERT, Mr. TIMMONS, Mrs. WAGNER, 

Mr. BIGGS, Mr. BURCHETT, Mrs. CAMMACK, Mr. MOONEY, Mr. 

SMUCKER, Mr. WOMACK, Mr. WILSON of South Carolina, Mr. CLOUD, 

Mr. DUNCAN, Mr. PALMER, Mr. ELLZEY, Mr. DONALDS, Mr. GOSAR, 

Mrs. HARSHBARGER, Mr. MCCLINTOCK, Mr. FERGUSON, Mr. BISHOP of 

North Carolina, Mr. LATURNER, Mr. HIGGINS of Louisiana, Mr. FRY, 

Mr. DESJARLAIS, Mr. MCCORMICK, Mr. MEUSER, Mr. BARR, Mr. 

FULCHER, Mr. DUNN of Florida, Mr. WALBERG, Mr. FITZGERALD, Mr. 

BURLISON, Mr. SCHWEIKERT, Mr. CALVERT, Mrs. LESKO, Mr. STEUBE, 

Mr. CARTER of Texas, Mr. GOOD of Virginia, Mr. SCOTT FRANKLIN of 

Florida, Ms. LETLOW, Mr. LAMBORN, Mr. WILLIAMS of Texas, Mr. 

OGLES, Mr. MANN, Mr. MOORE of Alabama, Mr. ROY, Mr. OBERNOLTE, 

Mr. GUEST, Mr. EZELL, Mrs. MILLER of Illinois, Mr. CRAWFORD, Mr. 

MURPHY, Ms. GREENE of Georgia, Mr. CARTER of Georgia, Mr. ROUZER, 

Mr. ROGERS of Alabama, Mr. CISCOMANI, Mr. WEBSTER of Florida, Mr. 

GOODEN of Texas, Mr. WITTMAN, Mr. NEHLS, Mr. TIFFANY, Mr. 

GROTHMAN, Mr. JOHNSON of South Dakota, and Mr. RUTHERFORD) introduced the following bill; which was referred to the Committee on Oversight and Accountability 


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DECEMBER 18, 2024 

Additional sponsors: Mrs. RODGERS of Washington, Mr. YAKYM, Mr. PENCE, 

Mr. CLINE, Mrs. STEEL, Mr. JACKSON of Texas, Mr. BABIN, Mr. ADERHOLT, Mr. THOMPSON of Pennsylvania, Mr. HILL, Mr. GUTHRIE, Mr. 

FALLON, Ms. LEE of Florida, Mr. HUDSON, Mr. STRONG, Mrs. 

MCCLAIN, Mr. AUSTIN SCOTT of Georgia, Mr. HUNT, Mr. MASSIE, Mr. 

ESTES, Mr. BILIRAKIS, Mr. ARMSTRONG, Mrs. HINSON, Mrs. HOUCHIN, 

Mr. BEAN of Florida, Mr. LAMALFA, Mr. COLLINS, Mr. COLE, Mr. 

MILLS, Mr. MCHENRY, Mrs. KIGGANS of Virginia, Mr. BUCK, Ms. DE

LA CRUZ, Mr. KELLY of Mississippi, Mr. CRANE, Mr. BAIRD, Mrs. BICE, 

Mr. SELF, Mr. BANKS, Mr. BENTZ, Mr. TONY GONZALES of Texas, Mrs. 

MILLER of West Virginia, and Ms. HAGEMAN


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•HR 1209 RH

DECEMBER 18, 2024 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 27, 2023] 


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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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair and Open Competi5 tion Act of 2023’’ or the ‘‘FOCA Act of 2023’’. 

6 SEC. 2. PURPOSES. 

7 It is the purpose of this Act to— 

8 (1) promote and ensure open competition on 

9 Federal and federally funded or assisted construction 

10 projects; 

11 (2) maintain Federal Government neutrality to12 wards the labor relations of Federal Government con13 tractors on Federal and federally funded or assisted 

14 construction projects; 

15 (3) reduce construction costs to the Federal Gov16 ernment and to the taxpayers; 

17 (4) expand job opportunities, especially for small 

18 and disadvantaged businesses; and 

19 (5) prevent discrimination against Federal Gov20 ernment contractors or their employees based upon 

21 labor affiliation or the lack thereof, thereby promoting 

22 the economical, nondiscriminatory, and efficient ad23 ministration and completion of Federal and federally 

24 funded or assisted construction projects. 


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1 SEC. 3. PRESERVATION OF OPEN COMPETITION AND FED2 ERAL GOVERNMENT NEUTRALITY. 

3 (a) PROHIBITION.— 

4 (1) GENERAL RULE.—The head of each executive 

5 agency that awards or enters into any construction 

6 contract or that obligates funds pursuant to such a 

7 contract, shall ensure that the agency, and any con8 struction manager acting on behalf of the Federal 

9 Government with respect to such contract, in its bid 

10 specifications, project agreements, or other controlling 

11 documents does not— 

12 (A) require or prohibit a bidder, offeror, 

13 contractor, or subcontractor from entering into, 

14 or adhering to, agreements with 1 or more labor 

15 organizations, with respect to that construction 

16 project or another related construction project; or 

17 (B) discriminate against or give preference 

18 to a bidder, offeror, contractor, or subcontractor 

19 because such bidder, offeror, contractor, or sub20 contractor— 

21 (i) becomes a signatory, or otherwise 

22 adheres to, an agreement with 1 or more 

23 labor organizations with respect to that con24 struction project or another related con25 struction project; or 


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1 (ii) refuses to become a signatory, or 

2 otherwise adhere to, an agreement with 1 or 

3 more labor organizations with respect to 

4 that construction project or another related 

5 construction project. 

6 (2) APPLICATION OF PROHIBITION.—This sub7 section shall apply with respect to— 

8 (A) contracts awarded on or after the date 

9 of the enactment of this Act; and 

10 (B) subcontracts awarded under such con11 tracts. 

12 (3) RULE OF CONSTRUCTION.—Nothing in para13 graph (1) may be construed to prohibit a contractor 

14 or subcontractor from voluntarily entering into an 

15 agreement described in such paragraph. 

16 (4) FEDERAL ACQUISITION REGULATION.—Not 

17 later than 60 days after the date of the enactment of 

18 this Act, the Federal Acquisition Regulation shall be 

19 revised to implement the provisions of this subsection. 

20 (b) RECIPIENTS OF GRANTS AND OTHER ASSIST21 ANCE.—The head of each executive agency that awards 

22 grants, provides financial assistance, or enters into coopera23 tive agreements for construction projects after the date of 

24 the enactment of this Act shall ensure that— 


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1 (1) the bid specifications, project agreements, or 

2 other controlling documents for such construction 

3 projects of a recipient of a grant or financial assist4 ance, or by the parties to a cooperative agreement, do 

5 not contain any of the requirements or prohibitions 

6 described in subparagraph (A) or (B) of subsection 

7 (a)(1); or 

8 (2) the bid specifications, project agreements, or 

9 other controlling documents for such construction 

10 projects of a construction manager acting on behalf of 

11 a recipient or party described in paragraph (1) do 

12 not contain any of the requirements or prohibitions 

13 described in subparagraph (A) or (B) of subsection 

14 (a)(1). 

15 (c) FAILURE TO COMPLY.—If an executive agency, a 

16 recipient of a grant or financial assistance from an execu17 tive agency, a party to a cooperative agreement with an 

18 executive agency, or a construction manager acting on be19 half of such an agency, recipient, or party, fails to comply 

20 with subsection (a) or (b), the head of the executive agency 

21 awarding the contract, grant, or assistance, or entering into 

22 the agreement involved, shall take such action, consistent 

23 with the law, as the head of such agency determines to be 

24 appropriate. 

25 (d) EXEMPTIONS.— 


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1 (1) IN GENERAL.—The head of an executive 

2 agency may exempt a particular project, contract, 

3 subcontract, grant, or cooperative agreement from the 

4 requirements of 1 or more of the provisions of sub5 sections (a) and (b) if the head of such agency deter6 mines that special circumstances exist that require an 

7 exemption in order to avert an imminent threat to 

8 public health or safety or to serve the national secu9 rity. 

10 (2) SPECIAL CIRCUMSTANCES.—For purposes of 

11 paragraph (1), a finding of special circumstances 

12 may not be based on the possibility or existence of a 

13 labor dispute concerning contractors or subcontractors 

14 that are nonsignatories to, or that otherwise do not 

15 adhere to, agreements with 1 or more labor organiza16 tions, or labor disputes concerning employees on the 

17 project who are not members of, or affiliated with, a 

18 labor organization. 

19 (3) ADDITIONAL EXEMPTION FOR CERTAIN

20 PROJECTS.—The head of an executive agency, upon 

21 application of an awarding authority, a recipient of 

22 grants or financial assistance, a party to a coopera23 tive agreement, or a construction manager acting on 

24 behalf of any of such entities, may exempt a par25 ticular project from the requirements of any or all of 


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1 the provisions of subsection (a) or (b), if the head of 

2 such agency finds— 

3 (A) that the awarding authority, recipient 

4 of grants or financial assistance, party to a co5 operative agreement, or construction manager 

6 acting on behalf of any of such entities had 

7 issued or was a party to, as of the date of the 

8 enactment of this Act, bid specifications, project 

9 agreements, agreements with 1 or more labor or10 ganizations, or other controlling documents with 

11 respect to that particular project, which con12 tained any of the requirements or prohibitions 

13 set forth in subsection (a)(1); and 

14 (B) that 1 or more construction contracts 

15 subject to such requirements or prohibitions had 

16 been awarded as of the date of the enactment of 

17 this Act. 

18 (e) DEFINITIONS.—In this section: 

19 (1) CONSTRUCTION CONTRACT.—The term ‘‘con20 struction contract’’ means any contract for the con21 struction, rehabilitation, alteration, conversion, exten22 sion, or repair of buildings, highways, or other im23 provements to real property. 

24 (2) EXECUTIVE AGENCY.—The term ‘‘executive 

25 agency’’ has the meaning given the term ‘‘Executive 


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1 agency’’ in section 105 of title 5, United States Code, 

2 except that such term does not include the Govern3 ment Accountability Office. 

4 (3) LABOR ORGANIZATION.—The term ‘‘labor or5 ganization’’ has the meaning given such term in sec6 tion 701 of the Civil Rights Act of 1964 (42 U.S.C. 

7 2000e). 


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Union Calendar No. 734 

118TH CONGRESS 

2D SESSION H. R. 1209 

[Report No. 118–899] 

A BILL 

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

DECEMBER 18, 2024 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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