IB 

Union Calendar No. 829 

115TH CONGRESS 

2D SESSION H. R. 1552 

[Report No. 115–1068] 

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 15, 2017 

Mr. ROSS introduced the following bill; which was referred to the Committee 

on Oversight and Government Reform 

DECEMBER 10, 2018 

Additional sponsors: Mr. MASSIE, Mr. WALKER, Mr. JODY B. HICE of Georgia, Mr. ABRAHAM, Mr. HARPER, Mr. FRANKS of Arizona, Mr. BROOKS

of Alabama, Mr. GROTHMAN, Mr. CALVERT, Mr. FARENTHOLD, Mr. 

CHABOT, Mr. CARTER of Texas, Mr. ROHRABACHER, Mr. ARRINGTON, 

Mr. HOLLINGSWORTH, Mr. ALLEN, Mr. GOSAR, Mr. KELLY of Mississippi, Mrs. MIMI WALTERS of California, Mr. ISSA, Mr. MESSER, Mr. 

COLE, Mr. FRANCIS ROONEY of Florida, Mrs. WAGNER, Mr. HUNTER, 

Mr. LONG, Mr. SMITH of Missouri, Mr. LUETKEMEYER, Mr. 

MOOLENAAR, Mr. SMUCKER, Mrs. HARTZLER, Mr. ROUZER, Mr. HUDSON, Mr. ROYCE of California, Mr. WILSON of South Carolina, Mr. 

PERRY, Mr. YODER, Mr. KNIGHT, Mr. MITCHELL, Mr. JORDAN, Mr. 

MCCLINTOCK, Mr. HENSARLING, Mr. BARR, Mr. BYRNE, Mr. ADERHOLT, Mrs. COMSTOCK, Mr. BISHOP of Michigan, Mr. MARSHALL, Mr. 

CULBERSON, Mr. LAMBORN, Mr. FLORES, Mr. POE of Texas, Mr. RUTHERFORD, Mr. WEBER of Texas, Mr. BUCSHON, Mr. LABRADOR, Mr. 

ROKITA, Mr. THOMPSON of Pennsylvania, Mr. RATCLIFFE, Mrs. LOVE, 

Mr. OLSON, Mr. SMITH of Texas, Mr. AMASH, Mr. ESTES of Kansas, Mr. 

WESTERMAN, Mrs. BLACKBURN, Mr. MARCHANT, Mr. HILL, Mr. SESSIONS, Mr. GAETZ, Mr. DESJARLAIS, Mr. GOODLATTE, Mr. WENSTRUP, 

Mr. BUDD, Mr. HOLDING, Mr. BIGGS, Mr. FASO, Mr. WOMACK, Mr. 

HARRIS, Mr. WALBERG, Mr. MULLIN, Mr. LAMALFA, Mr. ROE of Tennessee, Mr. SANFORD, Mr. BRAT, Mr. BABIN, Mrs. ROBY, Mr. JOHNSON

of Louisiana, Mr. COLLINS of New York, Mrs. MCMORRIS RODGERS, Ms. 


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MCSALLY, Mr. HUIZENGA, Mr. CRAWFORD, Mrs. LESKO, Mr. LATTA, 

Mr. DAVIDSON, Mr. WITTMAN, Mr. NORMAN, Mr. MEADOWS, Mr. KING

of Iowa, and Mr. CARTER of Georgia 

DECEMBER 10, 2018 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

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 Com5 petition Act’’ or ‘‘FOCA Act’’. 

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 construc10 tion projects; 

11 (2) maintain Federal Government neutrality to12 wards the labor relations of Federal Government 

13 contractors on Federal and federally funded or as14 sisted construction projects; 

15 (3) reduce construction costs to the Federal 

16 Government and to the taxpayers; 

17 (4) expand job opportunities, especially for 

18 small 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 pro22 moting the economical, nondiscriminatory, and effi23 cient administration and completion of Federal and 

24 federally 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 execu5 tive agency that awards any construction contract 

6 after the date of the enactment of this Act, or that 

7 obligates funds pursuant to such a contract, shall 

8 ensure that the agency, and any construction man9 ager acting on behalf of the Federal Government 

10 with respect to such contract, in its bid specifica11 tions, project agreements, or other controlling docu12 ments does not— 

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

14 contractor, or subcontractor from entering into, 

15 or adhering to, agreements with 1 or more 

16 labor organizations, with respect to that con17 struction project or another related construction 

18 project; or 

19 (B) otherwise discriminate against or give 

20 preference to a bidder, offeror, contractor, or 

21 subcontractor because such bidder, offeror, con22 tractor, or subcontractor— 

23 (i) becomes a signatory, or otherwise 

24 adheres to, an agreement with 1 or more 

25 labor organizations with respect to that 


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1 construction project or another related 

2 construction project; or 

3 (ii) refuses to become a signatory, or 

4 otherwise adhere to, an agreement with 1 

5 or more labor organizations with respect to 

6 that construction project or another related 

7 construction project. 

8 (2) APPLICATION OF PROHIBITION.—This sub9 section shall apply with respect to— 

10 (A) contracts entered into on or after the 

11 date of the enactment of this Act; and 

12 (B) subcontracts awarded under such con13 tracts. 

14 (3) RULE OF CONSTRUCTION.—Nothing in 

15 paragraph (1) may be construed to prohibit a con16 tractor or subcontractor from voluntarily entering 

17 into an agreement described in such paragraph. 

18 (4) FEDERAL ACQUISITION REGULATION.— 

19 With respect to Federal contracts to which this sub20 section applies, not later than 60 days after the date 

21 of the enactment of this Act, the Federal Acquisition 

22 Regulation shall be revised to implement the provi23 sions of this subsection. 

24 (b) RECIPIENTS OF GRANTS AND OTHER ASSIST25 ANCE.—The head of each executive agency that awards 


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1 grants, provides financial assistance, or enters into cooper2 ative agreements for construction projects after the date 

3 of the enactment of this Act shall ensure that— 

4 (1) the bid specifications, project agreements, 

5 or other controlling documents for such construction 

6 projects of a recipient of a grant or financial assist7 ance, or by the parties to a cooperative agreement, 

8 do not contain any of the requirements or prohibi9 tions described in subparagraph (A) or (B) of sub10 section (a)(1); or 

11 (2) the bid specifications, project agreements, 

12 or other controlling documents for such construction 

13 projects of a construction manager acting on behalf 

14 of a recipient or party described in paragraph (1) do 

15 not contain any of the requirements or prohibitions 

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

17 (a)(1). 

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

19 a recipient of a grant or financial assistance from an exec20 utive agency, a party to a cooperative agreement with an 

21 executive agency, or a construction manager acting on be22 half of such an agency, recipient, or party, fails to comply 

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

24 awarding the contract, grant, or assistance, or entering 

25 into the agreement involved, shall take such action, conVerDate Sep 11 2014 22:03 Dec 10, 2018 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1552.RH H1552

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1 sistent with law, as the head of such agency determines 

2 to be appropriate. 

3 (d) EXEMPTIONS.— 

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

5 agency may exempt a particular project, contract, 

6 subcontract, grant, or cooperative agreement from 

7 the requirements of 1 or more of the provisions of 

8 subsections (a) and (b) if the head of such agency 

9 determines that special circumstances exist that re10 quire an exemption in order to avert an imminent 

11 threat to public health or safety or to serve the na12 tional security. 

13 (2) SPECIAL CIRCUMSTANCES.—For purposes 

14 of paragraph (1), a finding of ‘‘special cir15 cumstances’’ may not be based on the possibility or 

16 existence of a labor dispute concerning contractors 

17 or subcontractors that are nonsignatories to, or that 

18 otherwise do not adhere to, agreements with 1 or 

19 more labor organizations, or labor disputes con20 cerning employees on the project who are not mem21 bers of, or affiliated with, a labor organization. 

22 (3) ADDITIONAL EXEMPTION FOR CERTAIN

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

24 application of an awarding authority, a recipient of 

25 grants or financial assistance, a party to a cooperaVerDate Sep 11 2014 22:03 Dec 10, 2018 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1552.RH H1552

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1 tive agreement, or a construction manager acting on 

2 behalf of any of such entities, may exempt a par3 ticular project from the requirements of any or all 

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

5 of such agency finds— 

6 (A) that the awarding authority, recipient 

7 of grants or financial assistance, party to a co8 operative agreement, or construction manager 

9 acting on behalf of any of such entities had 

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

11 enactment of this Act, bid specifications, project 

12 agreements, agreements with 1 or more labor 

13 organizations, or other controlling documents 

14 with respect to that particular project, which 

15 contained any of the requirements or prohibi16 tions set forth in subsection (a)(1); and 

17 (B) that 1 or more construction contracts 

18 subject to such requirements or prohibitions 

19 had been awarded as of the date of the enact20 ment of this Act. 

21 (e) DEFINITIONS.—In this section: 

22 (1) CONSTRUCTION CONTRACT.—The term 

23 ‘‘construction contract’’ means any contract for the 

24 construction, rehabilitation, alteration, conversion, 


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1 extension, or repair of buildings, highways, or other 

2 improvements to real property. 

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

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

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

6 Code, except that such term does not include the 

7 Government Accountability Office. 

8 (3) LABOR ORGANIZATION.—The term ‘‘labor 

9 organization’’ has the meaning given such term in 

10 section 701 of the Civil Rights Act of 1964 (42 

11 U.S.C. 2000e). 


pamtmann on DSKBFK8HB2PROD with BILLS
Union Calendar No. 829 

115TH CONGRESS 

2D SESSION H. R. 1552 

[Report No. 115–1068] 

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 10, 2018 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


pamtmann on DSKBFK8HB2PROD with BILLS