[Congressional Record Volume 153, Number 94 (Tuesday, June 12, 2007)]
[Senate]
[Pages S7556-S7558]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. VITTER:
  S. 1597. 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; to 
the Committee on Homeland Security and Governmental Affairs.
  Mr. VITTER. Mr. President, I am pleased to introduce today a bill 
that would go a long way toward ensuring that Federal contracting 
remains a process of equal opportunity and open competition. 
Specifically, my legislation would prohibit the practice of attaching 
restrictive union-only project labor agreements, or PLAs, to Federal 
contracts.
  In short, any contractor or subcontractor who is bidding on a 
construction project that includes a union-only PLA must agree to 
recognize unions as the representatives of the employees on that job; 
use the union hiring hall to obtain workers and apprentices; pay union 
wages and benefits; and follow the union's restrictive rules, job 
classifications, and arbitration procedures.
  These restrictions would apply at the expense of a contractor's or 
subcontractor's usual team of workers. They would apply in States that 
may have low numbers of unionized construction workers, even if it 
meant denying jobs to local, in-State workers and required bringing in 
employees from out of State. Finally, the restrictions in a union-only 
PLA would apply even though only 13 percent of our private construction 
workforce belongs to a construction labor union, and therefore 
effectively locking out almost nine of every 10 able, qualified 
workers.
  In my home State of Louisiana, just 7.4 percent of private 
construction workers belong to a construction labor union. Yet, for 
example, if union-only PLAs are attached to the Federal construction 
projects helping rebuild Louisiana after the devastation of Hurricanes 
Katrina and Rita, Louisianans will be locked out of this important 
rebuilding process, making it difficult to find work and earn a decent 
wage; the same jobs and wages that would enable Louisiana families to 
return to the hurricane-affected areas and rebuild their lives in these 
communities. Yet, instead of enabling local folks and businesses to 
come together and participate in their community's renewal, PLAs will 
ensure that these valuable jobs will go to just a select few, mostly 
out-of-State union workers. It is inexcusable that local Louisiana 
firms and their workers would be barred from freely bidding on 
construction projects in their own town or parish. And this is just one 
example of the harmful consequences associated with PLAs.
  In sum, the Federal Government should not be in the business of 
taking taxpayers' money to fund projects that exclude more than four 
out of five workers, making these projects discriminatory, 
anticompetitive, and unnecessarily expensive. At the very least, 
taxpayers should be able to bid and work on projects that they are 
funding with their own hard-earned dollars. Construction workers should 
have the opportunity to work on projects that benefit their own 
communities regardless of their union affiliation. The Federal 
Government should maintain a neutral position and encourage full and 
open competition in the Federal contracting process.
  Contracts should be awarded based on sound, commonsense criteria, 
such as quality of work, experience, and cost. Union affiliation has no 
place within the criteria for considering a contract bid. The best bid, 
by the most qualified contractor or subcontractor, should always be the 
winning bid.
  I urge my colleagues to support this important legislation and to 
oppose attempts to attach union-only project labor agreements to 
Federal projects.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1597

       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 ``Government Neutrality in 
     Contracting Act''.

     SEC. 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.

     SEC. 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 organization, with respect to that 
     construction project or another related construction project; 
     or
       (B) otherwise discriminate against a bidder, offeror, 
     contractor, or subcontractor because such bidder, offeror, 
     contractor, or subcontractor--
       (i) became a signatory, or otherwise adhered to, an 
     agreement with 1 or more labor organization with respect to 
     that construction project or another related construction 
     project; or
       (ii) refused to become a signatory, or otherwise adhere to, 
     an agreement with 1 or more labor organization 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 organization, or labor disputes concerning employees on 
     the project who are not members of, or affiliated with, a 
     labor organization.

[[Page S7558]]

       (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 subsections (a) or (c), 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 one 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 one 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)).

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