S 537 United States Senate · 118th Congress

FOCA Act

The FOCA Act (S 537) requires federal agencies and recipients of federal construction funds to prohibit bid specifications or project agreements from mandating or banning contractor agreements with labor organizations (like unions), or discriminating against contractors based on such affiliations. It applies to all federal construction contracts and subcontracts awarded after the law's enactment, aiming to ensure open competition, reduce costs, and expand opportunities for small and disadvantaged businesses. Federal agencies must update their regulations within 60 days to implement these rules, with limited exemptions only for urgent public health, safety, or national security threats - not labor disputes. This law directly affects contractors, subcontractors, and federal construction projects funded by the government.
Bill status in committee 1 of 4 stages cleared
Introduction
Feb 2023
Committee Review
Floor Vote
President
Introduced Feb 27, 2023 Last action Feb 27, 2023