,,ii #aafth ,,congress #ast ,session ,s4 #ijg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #bg1 #bjai,mr4 ,young 7for himself and ,mr4 ,perdue7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to preserve open competition and ,federal ,government neutrality towards the labor relations of ,federal ,government contractors on ,federal and federally funded construction projects1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fair and ,open ,competition ,act or the ,,foca ,act4 #b4 ,purposes ,it is the purpose of this ,act to-- 7#a7 promote and ensure open competition on ,federal and federally funded or assisted construction projects2 7#b7 maintain ,federal ,government neutrality towards the labor relations of ,federal ,government contractors on ,federal and federally funded or assisted construction projects2 7#c7 reduce construction costs to the ,federal ,government and to the taxpayers2 7#d7 expand job opportunities1 especially for small and disadvantaged businesses2 and 7#e7 prevent discrimination against ,federal ,government contractors or their employees based upon labor affiliation or the lack thereof1 thereby promoting the economical1 nondiscriminatory1 and efficient administration and completion of ,federal and federally funded or assisted construction projects4 #c4 ,preservation of open competition and federal government neutrality 7a7 ,prohibition 7#a7 ,general rule ,the head of each executive agency that awards or enters into any construction contract or that obligates funds pursuant to such a contract1 shall ensure that the agency1 and any construction manager acting on behalf of the ,federal ,government with respect to such contract1 in its bid specifications1 project agreements1 or other controlling documents does not-- 7,a7 require or prohibit a bidder1 offeror1 contractor1 or subcontractor from entering into1 or adhering to1 agreements with #a or more labor organizations1 with respect to that construction project or another related construction project2 or 7,b7 discriminate against or give preference to a bidder1 offeror1 contractor1 or subcontractor because such bidder1 offeror1 contractor1 or subcontractor-- 7i7 becomes a signatory1 or otherwise adheres to1 an agreement with #a or more labor organizations with respect to that construction project or another related construction project2 or 7ii7 refuses to become a signatory1 or otherwise adhere to1 an agreement with #a or more labor organizations with respect to that construction project or another related construction project4 7#b7 ,application of prohibition ,this subsection shall apply with respect to-- 7,a7 contracts awarded on or after the date of the enactment of this ,act2 and 7,b7 subcontracts awarded under such contracts4 7#c7 ,rule of construction ,nothing in paragraph 7#a7 may be construed to prohibit a contractor or subcontractor from voluntarily entering into an agreement described in such paragraph4 7#d7 ,federal acquisition regulation ,not later than #fj days after the date of the enactment of this ,act1 the ,federal ,acquisition ,regulation shall be revised to implement the provisions of this subsection4 7b7 ,recipients of grants and other assistance ,the head of each executive agency that awards grants1 provides financial assistance1 or enters into cooperative agreements for construction projects after the date of the enactment of this ,act shall ensure that-- 7#a7 the bid specifications1 project agreements1 or other controlling documents for such construction projects of a recipient of a grant or financial assistance1 or by the parties to a cooperative agreement1 do not contain any of the requirements or prohibitions described in subparagraph 7,a7 or 7,b7 of subsection 7a77#a72 or 7#b7 the bid specifications1 project agreements1 or other controlling documents for such construction projects of a construction manager acting on behalf of a recipient or party described in paragraph 7#a7 do not contain any of the requirements or prohibitions described in subparagraph 7,a7 or 7,b7 of subsection 7a77#a74 7c7 ,failure ,to comply ,if an executive agency1 a recipient of a grant or financial assistance from an executive agency1 a party to a cooperative agreement with an executive agency1 or a construction manager acting on behalf of such an agency1 recipient1 or party1 fails to comply with subsection 7a7 or 7b71 the head of the executive agency awarding the contract1 grant1 or assistance1 or entering into the agreement involved1 shall take such action1 consistent with the law1 as the head of such agency determines to be appropriate4 7d7 ,exemptions 7#a7 ,in general ,the head of an executive agency may exempt a particular project1 contract1 subcontract1 grant1 or cooperative agreement from the requirements of #a or more of the provisions of subsections 7a7 and 7b7 if the head of such agency determines 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 security4 7#b7 ,special circumstances ,for purposes of paragraph 7#a71 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 to1 or that otherwise do not adhere to1 agreements with #a or more labor organizations1 or labor disputes concerning employees on the project who are not members of1 or affiliated with1 a labor organization4 7#c7 ,additional exemption for certain projects ,the head of an executive agency1 upon application of an awarding authority1 a recipient of grants or financial assistance1 a party to a cooperative agreement1 or a construction manager acting on behalf of any of such entities1 may exempt a particular project from the requirements of any or all of the provisions of subsection 7a7 or 7b71 if the head of such agency finds-- 7,a7 that the awarding authority1 recipient of grants or financial assistance1 party to a cooperative agreement1 or construction manager acting on behalf of any of such entities had issued or was a party to1 as of the date of the enactment of this ,act1 bid specifications1 project agreements1 agreements with #a or more labor organizations1 or other controlling documents with respect to that particular project1 which contained any of the requirements or prohibitions set forth in subsection 7a77#a72 and 7,b7 that #a or more construction contracts subject to such requirements or prohibitions had been awarded as of the date of the enactment of this ,act4 7e7 ,definitions ,in this section3 7#a7 ,construction contract ,the term construction contract means any contract for the construction1 rehabilitation1 alteration1 conversion1 extension1 or repair of buildings1 highways1 or other improvements to real property4 7#b7 ,executive agency ,the term executive agency has the meaning given the term ,executive agency in section #aje of title #e1 ,united ,states ,code1 except that such term does not include the ,government ,accountability ,office4 7#c7 ,labor organization ,the term labor organization has the meaning given such term in section #gja of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;e74