Allows exemptions to avert an imminent threat to public health or safety or to serve national security. Allows additional exemptions for certain projects.
Directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation to implement this Act with respect to the applicable Federal contracts.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 962 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 962
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
May 24, 2001
Mr. Hutchinson introduced the following bill; which was read twice and
referred to the Committee on 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.
(a) Prohibition.--
(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) became a signatory, or otherwise
adhered to, an agreement with 1 or more labor
organization with respect to that construction
project or another related construction
project; or
(ii) refused to become a signatory, or
otherwise adhere 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.
(d) Exemptions.--
(1) Special circumstances.--
(A) 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.
(B) Definition.--For purposes of subparagraph (A),
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.
(2) Additional exemption for certain projects.--The head of
an executive agency, upon the 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 105 of title 5, United
States Code, except that such term shall not include the
General Accounting 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)).
<all>
Introduced in Senate
Read twice and referred to the Committee on Governmental Affairs. (text of measure as introduced: CR 5/25/2001 S5758-5759)
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