IB 
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) in-
troduced the following bill; which was referred to the Committee on Over-
sight 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. ADER-
HOLT, 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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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 neu-
trality towards the labor relations of Federal Government 
contractors on Federal and federally funded construction 
projects, and for other purposes. 
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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 ‘‘Fair and Open Competi-
tion Act of 2023’’ or the ‘‘FOCA Act of 2023’’. 
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 to-
wards the labor relations of Federal Government con-
tractors on Federal and federally funded or assisted 
construction projects; 
(3) reduce construction costs to the Federal Gov-
ernment 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 promoting 
the economical, nondiscriminatory, and efficient ad-
ministration 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 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 con-
struction 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 sub-
contractor— 
(i) becomes a signatory, or otherwise 
adheres to, an agreement with 1 or more 
labor organizations with respect to that con-
struction project or another related con-
struction project; or 
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(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 sub-
section 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 con-
tracts. 
(3) RULE OF CONSTRUCTION.—Nothing in para-
graph (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 ASSIST-
ANCE.—The head of each executive agency that awards 
grants, provides financial assistance, or enters into coopera-
tive agreements for construction projects after the date of 
the enactment of this Act shall ensure that— 
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(1) the bid specifications, project agreements, or 
other controlling documents for such construction 
projects of a recipient of a grant or financial assist-
ance, 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 execu-
tive 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, consistent 
with the law, as the head of such agency determines to be 
appropriate. 
(d) EXEMPTIONS.— 
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(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 sub-
sections (a) and (b) if the head of such agency deter-
mines 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 secu-
rity. 
(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 organiza-
tions, 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 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 
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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 co-
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 or-
ganizations, or other controlling documents with 
respect to that particular project, which con-
tained 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 ‘‘con-
struction contract’’ means any contract for the con-
struction, rehabilitation, alteration, conversion, exten-
sion, or repair of buildings, highways, or other im-
provements to real property. 
(2) EXECUTIVE
AGENCY.—The term ‘‘executive 
agency’’ has the meaning given the term ‘‘Executive 
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agency’’ in section 105 of title 5, United States Code, 
except that such term does not include the Govern-
ment Accountability Office. 
(3) LABOR ORGANIZATION.—The term ‘‘labor or-
ganization’’ has the meaning given such term in sec-
tion 701 of the Civil Rights Act of 1964 (42 U.S.C. 
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 Govern-
ment neutrality towards the labor relations of 
Federal Government contractors on Federal and 
federally funded construction projects, and for 
other purposes. 
DECEMBER 18, 2024 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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