IB 
Union Calendar No. 357 
114TH CONGRESS 
2D SESSION 
H. R. 1671 
[Report No. 114–471] 
To preserve open competition and Federal Government neutrality towards 
the labor relations of Federal Government contractors on Federal and 
federally funded construction projects. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 26, 2015 
Mr. MULVANEY (for himself, Mr. HARRIS, Mr. YODER, Mr. SALMON, Mr. 
GOSAR, Mrs. COMSTOCK, Mr. TROTT, Mr. MOOLENAAR, Mr. WALKER, 
Mr. WALBERG, Mr. GROTHMAN, Mr. ALLEN, Mr. DUNCAN of Tennessee, 
and Mr. WOMACK) introduced the following bill; which was referred to 
the Committee on Oversight and Government Reform 
MARCH 23, 2016 
Additional sponsors: Mr. ABRAHAM, Mr. ROE of Tennessee, Mr. CARTER of 
Georgia, Mr. LABRADOR, Mr. WEBSTER of Florida, Mr. MULLIN, Mr. 
AMASH, Mr. HENSARLING, Mr. RUSSELL, Mr. FINCHER, Mr. SESSIONS, 
Mr. JODY B. HICE of Georgia, Mr. SMITH of Texas, Mr. BLUM, Mr. CAL-
VERT, Mr. HILL, Mr. AMODEI, Mr. DESJARLAIS, Mr. DUNCAN of South 
Carolina, Mr. FARENTHOLD, Mr. HUIZENGA of Michigan, Mr. MARCH-
ANT, Mr. WILSON of South Carolina, Mr. WESTERMAN, Mr. WEBER of 
Texas, Mr. MCCAUL, Mr. WESTMORELAND, Mr. BILIRAKIS, Mr. TOM 
PRICE of Georgia, Mr. POE of Texas, Mr. OLSON, Mr. BROOKS of Ala-
bama, Mr. CRAMER, Mr. WITTMAN, Mr. KNIGHT, Mr. FORBES, Mr. 
HUNTER, Mr. GUTHRIE, Mr. GOODLATTE, Mr. BYRNE, Ms. MCSALLY, 
Mr. SANFORD, Mr. LAMBORN, Mr. GRIFFITH, Mr. FLEISCHMANN, Mr. 
LUETKEMEYER, Mr. FRANKS of Arizona, Mr. JORDAN, Mr. MCCLIN-
TOCK, Mr. HANNA, Mrs. ELLMERS of North Carolina, Mr. BURGESS, Mr. 
BUCK, Mr. HUELSKAMP, Mrs. BLACK, Mr. LONG, Mr. RIBBLE, Mr. 
KELLY of Mississippi, Mr. POMPEO, Mr. PAULSEN, Mr. SAM JOHNSON 
of Texas, Mr. BISHOP of Michigan, Mr. JOLLY, Mrs. WAGNER, Mr. 
ROUZER, 
Mr. 
BUCSHON, 
Mr. 
HUDSON, 
Mr. 
CRENSHAW, 
Mr. 
BRIDENSTINE, Mr. STIVERS, Mr. KING of Iowa, Mr. GARRETT, Mr. HAR-
PER, Mr. FLEMING, Mr. NEUGEBAUER, Mr. TIPTON, Mr. CHABOT, Mr. 
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ROHRABACHER, Ms. JENKINS of Kansas, Mr. MESSER, Mr. HOLDING, 
Mr. WENSTRUP, Mr. PEARCE, Mr. ROONEY of Florida, Mr. MASSIE, Mr. 
WOODALL, Mr. DESANTIS, Mr. BRAT, Mr. AUSTIN SCOTT of Georgia, 
Mr. LATTA, and Mr. THORNBERRY 
MARCH 23, 2016 
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 neu-
trality towards the labor relations of Federal Government 
contractors on Federal and federally funded construction 
projects. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Government Neutrality 
in Contracting Act’’. 
SEC. 2. PURPOSES. 
It is the purpose of this Act to— 
(1) promote and ensure open competition on 
Federal and federally funded or assisted construc-
tion projects; 
(2) maintain Federal Government neutrality to-
wards the labor relations of Federal Government 
contractors on Federal and federally funded or as-
sisted 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 Gov-
ernment contractors or their employees based upon 
labor affiliation or the lack thereof, thereby pro-
moting the economical, nondiscriminatory, and effi-
cient administration and completion of Federal and 
federally funded or assisted construction projects. 
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SEC. 3. PRESERVATION OF OPEN COMPETITION AND FED-
ERAL GOVERNMENT NEUTRALITY. 
(a) PROHIBITION.— 
(1) GENERAL RULE.—The head of each execu-
tive agency that awards any construction contract 
after the date of enactment of this Act, or that obli-
gates funds pursuant to such a contract, shall en-
sure that the agency, and any construction manager 
acting on behalf of the Federal Government with re-
spect 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 con-
struction project or another related construction 
project; or 
(B) otherwise discriminate against or give 
preference to a bidder, offeror, contractor, or 
subcontractor because such bidder, offeror, con-
tractor, or subcontractor— 
(i) becomes a signatory, or otherwise 
adheres to, an agreement with 1 or more 
labor organizations with respect to that 
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do not contain any of the requirements or prohibi-
tions described in subparagraph (A) or (B) of sub-
section (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 prohibi-
tions described in subparagraph (A) or (B) of sub-
section (a)(1). 
(c) FAILURE TO COMPLY.—If an executive agency, 
a recipient of a grant or financial assistance from an exec-
utive agency, a party to a cooperative agreement with an 
executive agency, or a construction manager acting on be-
half 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, con-
sistent with law, as the head of the 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 
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subsections (a) and (b) if the head of such agency 
determines that special circumstances exist that re-
quire an exemption in order to avert an imminent 
threat to public health or safety or to serve the na-
tional security. 
(2) SPECIAL
CIRCUMSTANCES.—For purposes 
of paragraph (1), a finding of ‘‘special cir-
cumstances’’ 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 con-
cerning employees on the project who are not mem-
bers 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 coopera-
tive agreement, or a construction manager acting on 
behalf of any of such entities, may exempt a par-
ticular project from the requirements of any or all 
of the provisions of subsection (a) or (b), if the 
agency head finds— 
(A) that the awarding authority, recipient 
of grants or financial assistance, party to a co-
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operative 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 prohibi-
tions 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 enact-
ment of this Act. 
(e) FEDERAL ACQUISITION REGULATORY COUN-
CIL.—With respect to Federal contracts to which this sec-
tion applies, not later than 60 days after the date of enact-
ment of this Act, the Federal Acquisition Regulatory 
Council shall take appropriate action to amend the Fed-
eral Acquisition Regulation to implement the provisions of 
this section. 
(f) DEFINITIONS.—In this section: 
(1) 
CONSTRUCTION
CONTRACT.—The 
term 
‘‘construction contract’’ means any contract for the 
construction, rehabilitation, alteration, conversion, 
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extension, or repair of buildings, highways, or other 
improvements to real property. 
(2) EXECUTIVE AGENCY.—The term ‘‘executive 
agency’’ has the meaning given such term in section 
105 of title 5, United States Code, except that such 
term shall not include the Government Account-
ability Office. 
(3) LABOR ORGANIZATION.—The term ‘‘labor 
organization’’ has the meaning given such term in 
section 701(d) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e(d)). 
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Union Calendar No. 357 
114TH CONGRESS 
2D SESSION 
H. R. 1671 
[Report No. 114–471] 
A BILL 
To preserve open competition and Federal Govern-
ment neutrality towards the labor relations of 
Federal Government contractors on Federal and 
federally funded construction projects. 
MARCH 23, 2016 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
VerDate Sep 11 2014 
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