This bill changes the rules for how the federal government awards construction contracts. Right now, when the government funds or manages construction projects, it can require contractors to sign project labor agreements—special contracts that typically set wages, benefits, and working conditions on the job. This bill says the government can't do that anymore. It also prevents the government from favoring or punishing contractors based on whether they're willing to sign these agreements. Essentially, contractors bidding on federal construction projects would have more freedom to choose whether or not to participate in these labor agreements without it affecting their chances of winning the contract. The only exception is if a project faces an immediate danger to public safety or involves national security—in those rare cases, the government could still require these agreements.

FOCA Act of 2023

Fair and Open Competition Act or the FOCA Act This bill prohibits federal construction contracts or controlling documents for federally supported construction projects from requiring or prohibiting project labor agreements. Such documents also may not discriminate against or give preference to a bidder or contractor who signs or refuses to sign a project labor agreement. 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.