[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.


_______________________________________________________________________


                    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

_______________________________________________________________________

                                 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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