YourVoice.Now Summary
Civil LibertiesFederal construction contracts could not require union labor agreements — agencies would have to stay neutral either way.
Civil Liberties
- Nondiscrimination on labor affiliation — Bidders protected whether or not they sign a union agreement
The details
Federal agencies could no longer require construction contractors to sign an agreement with a labor union in order to win federal building work. Agencies also could not favor or penalize a bidder for signing one, or for refusing to. The ban covers new federal construction contracts and their subcontracts. It also reaches projects paid for with federal grants, financial assistance, or cooperative agreements. Contractors could still sign union agreements on their own. An agency head could exempt a project only to avert an imminent threat to public health, safety, or national security. The possibility of a labor dispute would not count as a reason for an exemption. Projects already covered by a labor agreement before enactment could be exempted. Federal contracting rules would be updated within 60 days.
Congressional Summary
Fair and Open Competition Act of 2025 or the FOCA Act of 2025This 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.
Details
- Congress
- 119th
- Chamber
- House
- Status
- summarized
- Action
- Introduced in House
- Action Date
- 2025-03-14
- Date Added
- 2026-08-04
- Source
- Congress.gov →
Like reading a bill in plain English?
We're building an app that does this for every bill in Congress and lets you tell your reps how you want them to vote. We're a small team getting ready to launch, and we're trying to show investors that real people want this. Be one of them. Help us get it built. Leave your email and we'll tell you the moment the app is ready.