H.R. 2126 Introduced Government Operations and Politics

FOCA Act of 2025

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.

  1. Introduced
  2. Committee
  3. Passed House
  4. Passed Senate
  5. To President
  6. Became law
Sponsor Rep. Higgins, Clay [R-LA-3] Introduced March 14, 2025 Cosponsors 107 (107 R) Latest action March 14, 2025

Summary

Fair and Open Competition Act of 2025 or the FOCA Act of 2025
This bill requires that federal contracts for construction projects neither require nor prohibit a bidder, offeror, contractor, or subcontractor from entering into agreements with one or more labor organizations with respect to such projects or related projects.
Under the bill, the controlling documents for federal construction contracts (such as bid specifications and project agreements) may not require or prohibit a bidder, offeror, contractor, or subcontractor from entering into or adhering to such labor agreements. Additionally, the controlling documents may not discriminate against or give preference to a bidder, offeror, contractor, or subcontractor who signs or refuses to sign such a labor agreement.
These requirements also apply to any (1) construction manager acting on behalf of the federal government with respect to such contract, (2) recipient of a federal grant or financial assistance for construction projects or construction manager acting on the recipient's behalf, and (3) party to a federal cooperative agreement for construction projects or construction managers acting on the party's behalf.
An agency may exempt a project from this prohibition to avert an imminent threat to public health or safety or to serve the national security.

Summary by the Congressional Research Service, Library of Congress.

Congress.gov

Actions

  1. Mar 14, 2025 Referred to the House Committee on Oversight and Government Reform.
  2. Mar 14, 2025 Introduced in House

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