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FOCA Act

USA119th CongressS-1064| Senate 
| Updated: 3/13/2025
Todd Young

Todd Young

Republican Senator

Indiana

Cosponsors (23)
Tommy Tuberville (Republican)Rick Scott (Republican)Markwayne Mullin (Republican)Katie Boyd Britt (Republican)Thomas Tillis (Republican)Jim Banks (Republican)Cindy Hyde-Smith (Republican)James E. Risch (Republican)Cynthia M. Lummis (Republican)Marsha Blackburn (Republican)Lindsey Graham (Republican)Roger F. Wicker (Republican)Mike Rounds (Republican)Ted Cruz (Republican)Tim Scott (Republican)Kevin Cramer (Republican)James Lankford (Republican)John Kennedy (Republican)Bill Hagerty (Republican)John Cornyn (Republican)Chuck Grassley (Republican)Ted Budd (Republican)Mike Crapo (Republican)

Homeland Security and Governmental Affairs Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
The Fair and Open Competition Act, or FOCA Act, seeks to promote and ensure open competition on Federal and federally funded or assisted construction projects. Its primary goals include maintaining Federal Government neutrality towards the labor relations of Federal Government contractors and reducing construction costs for taxpayers. Additionally, the Act aims to expand job opportunities, particularly for small and disadvantaged businesses, and prevent discrimination against contractors or their employees based on their affiliation or non-affiliation with labor organizations . The bill prohibits executive agencies from including requirements or prohibitions in bid specifications or project agreements that mandate or forbid contractors from entering into agreements with labor organizations . Agencies are also forbidden from discriminating against or giving preference to bidders based on their signatory status or adherence to such agreements. These provisions apply to contracts awarded on or after the Act's enactment date and necessitate revisions to the Federal Acquisition Regulation within 60 days. Furthermore, these neutrality requirements extend to recipients of federal grants, financial assistance, or cooperative agreements for construction projects. While generally strict, the head of an executive agency may grant exemptions for specific projects under special circumstances , such as averting an imminent threat to public health or safety or serving national security. However, the possibility or existence of a labor dispute cannot be the basis for such an exemption. An additional exemption is provided for projects where controlling documents or contracts with such requirements were already in place and awarded before the Act's enactment.
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Timeline

Bill from Previous Congress

S 116-907
FOCA Act

Bill from Previous Congress

S 117-403
FOCA Act

Bill from Previous Congress

S 118-537
FOCA Act
Mar 13, 2025
Introduced in Senate
Mar 13, 2025
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Mar 14, 2025

Latest Companion Bill Action

HR 119-2126
Introduced in House
  • Bill from Previous Congress

    S 116-907
    FOCA Act


  • Bill from Previous Congress

    S 117-403
    FOCA Act


  • Bill from Previous Congress

    S 118-537
    FOCA Act


  • March 13, 2025
    Introduced in Senate


  • March 13, 2025
    Read twice and referred to the Committee on Homeland Security and Governmental Affairs.


  • March 14, 2025

    Latest Companion Bill Action

    HR 119-2126
    Introduced in House

Government Operations and Politics

Related Bills

  • HR 119-2126: FOCA Act of 2025

FOCA Act

USA119th CongressS-1064| Senate 
| Updated: 3/13/2025
The Fair and Open Competition Act, or FOCA Act, seeks to promote and ensure open competition on Federal and federally funded or assisted construction projects. Its primary goals include maintaining Federal Government neutrality towards the labor relations of Federal Government contractors and reducing construction costs for taxpayers. Additionally, the Act aims to expand job opportunities, particularly for small and disadvantaged businesses, and prevent discrimination against contractors or their employees based on their affiliation or non-affiliation with labor organizations . The bill prohibits executive agencies from including requirements or prohibitions in bid specifications or project agreements that mandate or forbid contractors from entering into agreements with labor organizations . Agencies are also forbidden from discriminating against or giving preference to bidders based on their signatory status or adherence to such agreements. These provisions apply to contracts awarded on or after the Act's enactment date and necessitate revisions to the Federal Acquisition Regulation within 60 days. Furthermore, these neutrality requirements extend to recipients of federal grants, financial assistance, or cooperative agreements for construction projects. While generally strict, the head of an executive agency may grant exemptions for specific projects under special circumstances , such as averting an imminent threat to public health or safety or serving national security. However, the possibility or existence of a labor dispute cannot be the basis for such an exemption. An additional exemption is provided for projects where controlling documents or contracts with such requirements were already in place and awarded before the Act's enactment.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 116-907
FOCA Act

Bill from Previous Congress

S 117-403
FOCA Act

Bill from Previous Congress

S 118-537
FOCA Act
Mar 13, 2025
Introduced in Senate
Mar 13, 2025
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Mar 14, 2025

Latest Companion Bill Action

HR 119-2126
Introduced in House
  • Bill from Previous Congress

    S 116-907
    FOCA Act


  • Bill from Previous Congress

    S 117-403
    FOCA Act


  • Bill from Previous Congress

    S 118-537
    FOCA Act


  • March 13, 2025
    Introduced in Senate


  • March 13, 2025
    Read twice and referred to the Committee on Homeland Security and Governmental Affairs.


  • March 14, 2025

    Latest Companion Bill Action

    HR 119-2126
    Introduced in House
Todd Young

Todd Young

Republican Senator

Indiana

Cosponsors (23)
Tommy Tuberville (Republican)Rick Scott (Republican)Markwayne Mullin (Republican)Katie Boyd Britt (Republican)Thomas Tillis (Republican)Jim Banks (Republican)Cindy Hyde-Smith (Republican)James E. Risch (Republican)Cynthia M. Lummis (Republican)Marsha Blackburn (Republican)Lindsey Graham (Republican)Roger F. Wicker (Republican)Mike Rounds (Republican)Ted Cruz (Republican)Tim Scott (Republican)Kevin Cramer (Republican)James Lankford (Republican)John Kennedy (Republican)Bill Hagerty (Republican)John Cornyn (Republican)Chuck Grassley (Republican)Ted Budd (Republican)Mike Crapo (Republican)

Homeland Security and Governmental Affairs Committee

Government Operations and Politics

Related Bills

  • HR 119-2126: FOCA Act of 2025
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted