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119-s-1064119th CongressWALLET

FOCA Act

Sponsored By: Senator Young, Todd [R-IN]

Introduced

Summary

Preserve open competition and Federal neutrality in contractor labor relations on Federal and federally funded construction projects. The bill would stop agencies and construction managers from favoring or forcing bidders based on whether they sign labor‑organization agreements and would extend that rule to grant recipients and cooperative agreement partners.

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  • Federal contractors and subcontractors would not be required or blocked from entering into agreements with labor organizations. Contractors and subcontractors could still voluntarily sign such agreements.
  • Executive agencies, grant recipients, and parties to cooperative agreements would have to ensure bid specifications and controlling documents do not require or prohibit labor‑organization agreements. The Federal Acquisition Regulation would be revised within 60 days after enactment to implement the change.
  • Small and disadvantaged businesses would aim to see expanded access to projects and the bill seeks to reduce construction costs for the Federal Government and taxpayers.
  • The bill would allow narrow exemptions for imminent threats to public health, safety, or national security and for projects that already had labor‑organization provisions in place as of enactment. It would bar exemptions based on labor disputes involving nonsignatories or employees who are not union members.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

Ban on forced union deals

If enacted, federal agencies would not be allowed to require bidders or contractors on federal construction projects to sign or follow agreements with labor organizations. The rule would apply to contracts awarded on or after the date of enactment and to subcontracts under those contracts. Voluntary agreements between contractors and labor organizations would still be allowed. The bill would also define which contracts and agencies the rule covers, and it would exclude the Government Accountability Office from the definition of "executive agency."

Procurement rules, exemptions, enforcement

If enacted, the Federal Acquisition Regulation would be changed within 60 days to put the bill's construction procurement rules into effect. Agency heads would have to act if a contract, grant, or construction manager fails to follow the neutrality rules. An agency head could also exempt a specific project in two narrow cases: (1) projects that already had bid specs or contracts with labor-organization requirements before enactment, if applied for, and (2) projects needing an exemption to avert an imminent public health or safety threat or for national security. Agencies may not base the special exemption on labor disputes involving nonsignatory contractors or nonunion employees.

Sponsors & CoSponsors

Sponsor

Young, Todd [R-IN]

IN • R

Cosponsors

  • Sen. Budd, Ted [R-NC]

    NC • R

    Sponsored 3/13/2025

  • Sen. Tuberville, Tommy [R-AL]

    AL • R

    Sponsored 3/13/2025

  • Sen. Cruz, Ted [R-TX]

    TX • R

    Sponsored 3/13/2025

  • Sen. Cornyn, John [R-TX]

    TX • R

    Sponsored 3/13/2025

  • Sen. Hagerty, Bill [R-TN]

    TN • R

    Sponsored 3/13/2025

  • Sen. Crapo, Mike [R-ID]

    ID • R

    Sponsored 3/13/2025

  • Sen. Lummis, Cynthia M. [R-WY]

    WY • R

    Sponsored 3/13/2025

  • Sen. Wicker, Roger F. [R-MS]

    MS • R

    Sponsored 3/13/2025

  • Sen. Cramer, Kevin [R-ND]

    ND • R

    Sponsored 3/13/2025

  • Sen. Britt, Katie Boyd [R-AL]

    AL • R

    Sponsored 3/13/2025

  • Sen. Lankford, James [R-OK]

    OK • R

    Sponsored 3/13/2025

  • Sen. Graham, Lindsey [R-SC]

    SC • R

    Sponsored 3/13/2025

  • Sen. Grassley, Chuck [R-IA]

    IA • R

    Sponsored 3/13/2025

  • Sen. Blackburn, Marsha [R-TN]

    TN • R

    Sponsored 3/13/2025

  • Sen. Risch, James E. [R-ID]

    ID • R

    Sponsored 3/13/2025

  • Sen. Tillis, Thomas [R-NC]

    NC • R

    Sponsored 3/13/2025

  • Sen. Scott, Rick [R-FL]

    FL • R

    Sponsored 3/14/2025

  • Sen. Kennedy, John [R-LA]

    LA • R

    Sponsored 4/4/2025

  • Sen. Scott, Tim [R-SC]

    SC • R

    Sponsored 6/23/2025

  • Sen. Banks, Jim [R-IN]

    IN • R

    Sponsored 6/26/2025

  • Sen. Hyde-Smith, Cindy [R-MS]

    MS • R

    Sponsored 7/15/2025

  • Sen. Rounds, Mike [R-SD]

    SD • R

    Sponsored 7/17/2025

  • Rep. Mullin, Markwayne [R-OK-2]

    OK • R

    Sponsored 12/3/2025

Roll Call Votes

No roll call votes available for this bill.

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