Bill > S1064

This bill, known as the Fair and Open Competition Act (FOCA), aims to promote neutrality and fairness in federal construction project contracts by prohibiting government agencies from requiring or preventing contractors from entering into agreements with labor organizations. The bill seeks to ensure open competition, reduce construction costs, expand job opportunities for small and disadvantaged businesses, and prevent discrimination based on labor affiliations. Specifically, the bill prevents executive agencies from mandating or prohibiting contractors from signing labor organization agreements, and from discriminating against or giving preference to contractors based on their labor organization status. The legislation applies to contracts awarded after its enactment and requires the Federal Acquisition Regulation to be updated accordingly. The bill allows for limited exemptions in cases of imminent public health or safety threats or national security concerns, but explicitly states that the existence of a labor dispute cannot be the basis for such exemptions. The bill defines key terms like "construction contract" and "labor organization" and provides mechanisms for enforcement, giving agency heads the authority to take appropriate action if the provisions are not followed.

Military Affairs and Security

https://www.congress.gov/bill/119th-congress/senate-bill/1064/all-info