108th CONGRESS
1st Session
H. R. 106
To prohibit discrimination in contracting on federally funded projects
on the basis of certain labor policies of potential contractors.
IN THE HOUSE OF REPRESENTATIVES
January 7, 2003
Mr. HAYWORTH introduced the following bill; which was referred to the Committee
on Education and the Workforce
A BILL
To prohibit discrimination in contracting on federally funded projects
on the basis of certain labor policies of potential contractors.
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 `Open Competition and Fairness Act of 2003'.
SEC. 2. PROHIBITION REGARDING CONSIDERATION OF CERTAIN LABOR RELATIONS POLICIES
OF OFFERORS ON FEDERALLY FUNDED CONTRACTS.
Section 8(e) of the National Labor Relations Act (29 U.S.C. 158(e)) is amended
by adding at the end the following: `Notwithstanding any other provision of
this Act, no person may be discriminated against when bidding on a prime contract,
funded in whole or in part with funds provided by the Federal Government,
if such discrimination is based in whole or in part on a requirement that
such person enter into or adhere to a collective bargaining agreement or any
similar agreement as a condition of performing work under the contract.'.
SEC. 3. CONSTRUCTION.
The amendment made by section 2 shall not be construed--
(1) to apply to subcontractors; or
(2)(A) to prohibit a contractor from voluntarily entering into a lawful
agreement with a labor organization; or
(B) to discourage contractors who have entered into such an agreement from
bidding on Federal or federally assisted contracts.
SEC. 4. APPLICATION.
The amendment made by section 2 shall apply to contracts made directly with
any agency of the Federal Government and to contracts made with any entity
that is managing or operating a facility owned or controlled by the Federal
Government on behalf of the Federal Government.
END
