S. 1064 — FOCA Act

This section states the purposes of the Act as (1) promoting and ensuring open competition on federal and federally funded or assisted construction projects; (2) maintaining federal government neutrality toward the labor relations of federal government contractors on such projects; (3) reducing construction costs to the federal government and taxpayers; (4) expanding job opportunities, especially for small and disadvantaged businesses; and (5) preventing discrimination against federal government contractors or their employees based on labor affiliation or lack thereof, thereby promoting the economical, nondiscriminatory, and efficient administration and completion of such projects.

This section prohibits heads of executive agencies from requiring or prohibiting bidders, offerors, contractors, or subcontractors on federal construction contracts from entering into or adhering to agreements with one or more labor organizations (i.e., project labor agreements), or from discriminating against or preferring them based on such adherence or refusal, for contracts awarded after enactment and related subcontracts. It requires revision of the Federal Acquisition Regulation within 60 days of enactment; extends the prohibition to bid specifications and controlling documents for construction projects funded by grants, financial assistance, or cooperative agreements awarded after enactment; and directs agency heads to enforce compliance through appropriate actions. The section authorizes exemptions for projects to avert imminent threats to public health or safety or national security (excluding labor disputes) or for projects with pre-enactment bid specifications or awarded contracts containing such requirements or prohibitions. Definitions include “construction contract” (any contract for construction, rehabilitation, alteration, conversion, extension, or repair of buildings, highways, or other real property improvements), “executive agency” (as defined in 5 U.S.C. 105, excluding the Government Accountability Office), and “labor organization” (as defined in 42 U.S.C. 2000e).