S 119
112th CONGRESS
1st Session
S. 119
To preserve open competition and Federal Government neutrality
towards the labor relations of Federal Government contractors on Federal
and federally funded construction projects.
IN THE SENATE OF THE UNITED STATES
January 25 (legislative day, January 5), 2011
Mr. VITTER introduced the following bill; 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 projects.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Government Neutrality in Contracting Act'.
SEC. 2. PURPOSES.
It is the purpose of this Act to--
(1) promote and ensure open competition on Federal and federally funded
or assisted construction projects;
(2) maintain Federal Government neutrality towards the labor relations
of Federal Government contractors on Federal and federally funded
or assisted construction projects;
(3) reduce construction costs to the Federal Government and to the
taxpayers;
(4) expand job opportunities, especially for small and disadvantaged
businesses; and
(5) prevent discrimination against Federal Government contractors
or their employees based upon labor affiliation or the lack thereof,
thereby promoting the economical, nondiscriminatory, and efficient
administration and completion of Federal and federally funded or assisted
construction projects.
SEC. 3. PRESERVATION OF OPEN COMPETITION AND FEDERAL GOVERNMENT NEUTRALITY.
(1) GENERAL RULE- The head of each executive agency that awards any
construction contract after the date of enactment of this Act, or
that obligates funds pursuant to such a contract, shall ensure that
the agency, and any construction manager acting on behalf of the Federal
Government with respect to such contract, in its bid specifications,
project agreements, or other controlling documents does not--
(A) require or prohibit a bidder, offeror, contractor, or subcontractor
from entering into, or adhering to, agreements with 1 or more labor
organization, with respect to that construction project or another
related construction project; or
(B) otherwise discriminate against a bidder, offeror, contractor,
or subcontractor because such bidder, offeror, contractor, or subcontractor--
(i) becomes a signatory, or otherwise adheres to, an agreement
with 1 or more labor organization with respect to that construction
project or another related construction project; or
(ii) refuses to become a signatory, or otherwise adheres to, an
agreement with 1 or more labor organization with respect to that
construction project or another related construction project.
(2) APPLICATION OF PROHIBITION- The provisions of this section shall
not apply to contracts awarded prior to the date of enactment of this
Act, and subcontracts awarded pursuant to such contracts regardless
of the date of such subcontracts.
(3) RULE OF CONSTRUCTION- Nothing in paragraph (1) shall be construed
to prohibit a contractor or subcontractor from voluntarily entering
into an agreement described in such paragraph.
(b) Recipients of Grants and Other Assistance- The head of each executive
agency that awards grants, provides financial assistance, or enters
into cooperative agreements for construction projects after the date
of enactment of this Act, shall ensure that--
(1) the bid specifications, project agreements, or other controlling
documents for such construction projects of a recipient of a grant
or financial assistance, or by the parties to a cooperative agreement,
do not contain any of the requirements or prohibitions described in
subparagraph (A) or (B) of subsection (a)(1); or
(2) the bid specifications, project agreements, or other controlling
documents for such construction projects of a construction manager
acting on behalf of a recipient or party described in paragraph (1)
do not contain any of the requirements or prohibitions described in
subparagraph (A) or (B) of subsection (a)(1).
(c) Failure To Comply- If an executive agency, a recipient of a grant
or financial assistance from an executive agency, a party to a cooperative
agreement with an executive agency, or a construction manager acting
on behalf of such an agency, recipient, or party, fails to comply with
subsection (a) or (b), the head of the executive agency awarding the
contract, grant, or assistance, or entering into the agreement, involved
shall take such action, consistent with law, as the head of the agency
determines to be appropriate.
(1) IN GENERAL- The head of an executive agency may exempt a particular
project, contract, subcontract, grant, or cooperative agreement from
the requirements of 1 or more of the provisions of subsections (a)
and (b) 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 security.
(2) SPECIAL CIRCUMSTANCES- For purposes of paragraph (1), 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 to, or that otherwise do not adhere to, agreements
with 1 or more labor organization, or labor disputes concerning employees
on the project who are not members of, or affiliated with, a labor
organization.
(3) ADDITIONAL EXEMPTION FOR CERTAIN PROJECTS- The head of an executive
agency, upon application of an awarding authority, a recipient of
grants or financial assistance, a party to a cooperative agreement,
or a construction manager acting on behalf of any of such entities,
may exempt a particular project from the requirements of any or all
of the provisions of subsections (a) or (c) if the agency head finds--
(A) that the awarding authority, recipient of grants or financial
assistance, party to a cooperative agreement, or construction manager
acting on behalf of any of such entities had issued or was a party
to, as of the date of the enactment of this Act, bid specifications,
project agreements, agreements with one or more labor organizations,
or other controlling documents with respect to that particular project,
which contained any of the requirements or prohibitions set forth
in subsection (a)(1); and
(B) that one or more construction contracts subject to such requirements
or prohibitions had been awarded as of the date of the enactment
of this Act.
(e) Federal Acquisition Regulatory Council- With respect to Federal
contracts to which this section applies, not later than 60 days after
the date of enactment of this Act, the Federal Acquisition Regulatory
Council shall take appropriate action to amend the Federal Acquisition
Regulation to implement the provisions of this section.
(f) Definitions- In this section:
(1) CONSTRUCTION CONTRACT- The term `construction contract' means
any contract for the construction, rehabilitation, alteration, conversion,
extension, or repair of buildings, highways, or other improvements
to real property.
(2) EXECUTIVE AGENCY- The term `executive agency' has the meaning
given such term in section 133 of title 41, United States Code, except
that such term shall not include the Government Accountability Office.
(3) LABOR ORGANIZATION- The term `labor organization' has the meaning
given such term in section 701(d) of the Civil Rights Act of 1964
(42 U.S.C. 2000e(d)).
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