H.R. 436House113th Congress (2013-2015)In Committee

Government Neutrality in Contracting Act

To preserve open competition and Federal Government neutrality towards the labor relations of Federal Government contractors on Federal and federally funded construction projects.

Introduced January 29, 2013

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the House Committee on Oversight and Government Reform.

January 29, 2013

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HouseIntro Referral

Introduced in House

January 29, 2013

HouseIntro Referral

Referred to the House Committee on Oversight and Government Reform.

January 29, 2013

Floor Debate

24 members

What members said about H.R. 436 on the floor

10 Republicans14 Democrats
Pete Sessions
Rep. Pete SessionsR-TX-32 · Sep 28, 2013

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 366 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · May 16, 2013

I thank the gentleman for his time. Madam Speaker, I rise today in opposition to the Patients' Rights Repeal Act. I simply want to say thanks. My good friend Mr. Crowley indicated that there is no…

George Miller
Rep. George MillerD-CA-11 · May 16, 2013

Mr. Speaker, I yield myself 4 minutes. I rise today in opposition to the Patients' Rights Repeal Act. Mr. Speaker, we meet today for the 37th attempt to take away the basic health care rights from…

Nancy Pelosi
Rep. Nancy PelosiD-CA-12 · May 16, 2013

Madam Speaker, I thank the gentleman for yielding, and I thank him for his leadership and that of Mr. Levin and Mr. Waxman as the chairs of the three committees when this legislation, so…

Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · May 16, 2013

Mr. Speaker, I yield myself 2 minutes. I rise today in opposition to the Patients' Rights Repeal Act. I greatly respect my colleagues on the other side from Tennessee and from Pennsylvania, but I…

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David P. Roe
Rep. David P. RoeR-TN-1 · May 16, 2013

I yield myself 2 minutes. Today, I rise in strong support of H.R. 45, the repeal of a flawed health care reform bill. I came to this body 4\1/2\ years ago understanding that the greatest problem with…

Marsha Blackburn
Rep. Marsha BlackburnR-TN-7 · May 16, 2013

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and to include extraneous material on H.R. 45. Mr. Speaker, pursuant to House…

Lois Capps
Rep. Lois CappsD-CA-24 · May 16, 2013

I thank my colleague for yielding. Mr. Speaker, I rise today, yet again, in opposition to the Patients' Rights Repeal Act as 3 years and 37 repeal attempts later, the majority is still playing…

Louise McIntosh Slaughter
Rep. Louise McIntosh SlaughterD-NY-25 · Sep 28, 2013

Mr. Speaker, I thank my colleague and gentleman for yielding me the customary 30 minutes, and I yield myself such time as I may consume. What we have before us today is not a solution; it's another…

Robert E. Andrews
Rep. Robert E. AndrewsD-NJ-1 · May 16, 2013

I thank my friend for yielding. It is right and good that people should passionately pursue their points of view in democratic debate. But it's also our obligation to work from the same set of facts.…

John D. Dingell
Rep. John D. DingellD-MI-12 · May 16, 2013

Mr. Speaker, this is a prodigious waste of the time of the House working on a bad piece of legislation. I rise today in strong opposition to the Patients' Rights Repeal Act. My Republican colleagues…

Sander M. Levin
Rep. Sander M. LevinD-MI-9 · May 16, 2013

I yield myself such time as I shall consume. I rise today in opposition to the Patients' Rights Repeal Act. Here we go again. This vote is more than just a sideshow. It's an embarrassing spectacle…

Kevin Brady
Rep. Kevin BradyR-TX-8 · May 16, 2013

Madam Speaker, I yield 1\1/2\ minutes to a new leader in health care, the gentleman from Florida (Mr. Yoho). I yield 1\1/2\ minutes to a new member of the Ways and Means Committee, a job creator, a…

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Dave Camp
Rep. Dave CampR-MI-4 · May 16, 2013

Madam Speaker, I yield myself such time as I may consume. I rise today in support of H.R. 45, legislation to repeal ObamaCare. In March of 2010, then-Speaker Pelosi famously said, with respect to the…

Rush Holt
Rep. Rush HoltD-NJ-12 · May 16, 2013

Madam Speaker, I rise in strong opposition to H.R. 45, the ``Patients' Rights Repeal Act.'' Today's vote will mark the 37th time that this House will vote to repeal the Affordable Care Act. It was…

Jackie Walorski
Rep. Jackie WalorskiR-IN-2 · May 16, 2013

I rise in opposition to the motion to recommit. Madam Speaker, my colleagues on the other side of the aisle can try as much as they would like today to distract the people from the real issue at…

Michele Bachmann
Rep. Michele BachmannR-MN-6 · May 16, 2013

Mr. Speaker, I thank the gentlelady from Tennessee who has been a champion for the repeal of ObamaCare for years and years. Mr. Speaker, in light of the recent revelations that have just come out…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · May 16, 2013

Mr. Speaker, apparently the Republicans are opposed to ObamaCare. I know that comes as a shock to America, so we need to tell them one more time or 37 times or maybe a 38th or 39th or 40th or 100th…

Bob Goodlatte
Rep. Bob GoodlatteR-VA-6 · May 16, 2013

Madam Speaker, ever since President Obama was first elected and chose to push through a federal takeover of America's health care system, House conservatives have led the charge to repeal the law…

Eric Cantor
Rep. Eric CantorR-VA-7 · May 16, 2013

I thank the gentleman for the time. Madam Speaker, today, I rise in support of the full repeal of ObamaCare. Moms and dads across America are worried. They are worried about their health, the health…

Eddie Bernice Johnson
Rep. Eddie Bernice JohnsonD-TX-30 · May 16, 2013

Madam Speaker, I rise today to express my opposition to H.R. 45, which would repeal the Patient Protection and Affordable Care Act. The Affordable Care Act has significantly improved access to health…

John Kline
Rep. John KlineR-MN-2 · May 16, 2013

Mr. Speaker, I rise today in strong support of H.R. 45, the legislation that will repeal the President's job-destroying health care law, and yield myself such time as I may consume. Mr. Speaker, our…

Henry A. Waxman
Rep. Henry A. WaxmanD-CA-33 · May 16, 2013

Mr. Speaker, I yield myself 2 minutes. I rise today in opposition to the Patients' Rights Repeal Act because what the Republicans will do is take away all the benefits the American people are already…

Joe Courtney
Rep. Joe CourtneyD-CT-2 · May 16, 2013

Madam Speaker, I rise today in opposition to the Patients' Rights Repeal Act. This is now number 37, the 37th time that we have debated this issue. We have now built up quite an archive of hysterical…

Bill Text

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Introduced in HouseIssued January 29, 2013

I

113th CONGRESS

1st Session

H. R. 436

IN THE HOUSE OF REPRESENTATIVES

January 29, 2013

Mr. Harris (for himself, Mr. Aderholt, Mr. Alexander, Mr. Amash, Mr. Amodei, Mrs. Bachmann, Mr. Bachus, Mr. Barton, Mrs. Black, Mrs. Blackburn, Mr. Brooks of Alabama, Mr. Broun of Georgia, Mr. Bucshon, Mr. Burgess, Mr. Calvert, Mr. Coffman, Mr. DesJarlais, Mr. Duncan of South Carolina, Mr. Duncan of Tennessee, Mr. Fincher, Mr. Fleischmann, Mr. Fortenberry, Mr. Garrett, Mr. Gosar, Mr. Harper, Mr. Huelskamp, Mr. Huizenga of Michigan, Mr. Hurt, Mr. Jordan, Mr. King of Iowa, Mr. Latta, Mr. Gary G. Miller of California, Mr. Miller of Florida, Mr. Mulvaney, Mr. Neugebauer, Mr. Nunnelee, Mr. Palazzo, Mr. Pearce, Mr. Poe of Texas, Mr. Ribble, Mr. Roe of Tennessee, Mr. Ross, Mr. Scalise, Mr. Sensenbrenner, Mr. Sessions, Mr. Smith of Texas, Mr. Stivers, Mr. Stutzman, Mr. Thompson of Pennsylvania, Mr. Thornberry, Mr. Webster of Florida, Mr. Westmoreland, Mr. Wilson of South Carolina, Mr. Wolf, Mr. Womack, and Mr. Young of Indiana) introduced the following bill; which was referred to the Committee on Oversight and Government Reform

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.

1.

Short title

This Act may be cited as the Government Neutrality in Contracting Act.

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.

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 organizations, with respect to that construction project or another related construction project; or

(B)

otherwise discriminate against or give preference to a bidder, offeror, contractor, or subcontractor because such bidder, offeror, contractor, or subcontractor—

(i)

becomes a signatory, or otherwise adheres to, an agreement with 1 or more labor organizations with respect to that construction project or another related construction project; or

(ii)

refuses to become a signatory, or otherwise adhere to, an agreement with 1 or more labor organizations 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)

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.

(2)

Special circumstances

For purposes of paragraph (1), 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 organizations, or labor disputes concerning employees on the project who are not members of, or affiliated with, a labor organization.

(3)

Additional exemption for certain projects

The head of an executive agency, upon 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 subsection (a) or (b), 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 1 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 1 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 Government Accountability 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)).