[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 106 Introduced in House (IH)]
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.
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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
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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.
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