H.R. 2126: FOCA Act of 2025
Sponsor
Clay Higgins
Republican · LA-3
Bill Progress
Latest Action · Mar 14, 2025
Referred to the House Committee on Oversight and Government Reform.
Federal construction bids stay neutral on union deals
Why it matters
Within 60 days, federal contracting rules would have to change. H.R. 2126 would stop agencies from telling construction bidders they must sign a union agreement—or that they cannot—and extends that neutrality to many federally funded projects too.
H.R. 2126 covers federal construction contracts, subcontracts, and many construction projects paid for with federal grants or other assistance. For awards made after the bill becomes law, agencies and project managers acting for them could not write bid documents or project terms that force contractors to enter union agreements or keep them from doing so.
The bill also says agencies cannot favor one bidder over another because it already has—or does not have—a union agreement in place. Contractors could still make those agreements voluntarily; the change is that the federal government could not use them as a condition of getting the work.
There are two main exceptions. An agency head could waive the rule for an imminent threat to public health or safety or for national security, and the bill says a possible labor dispute alone does not qualify. Older projects already locked into these terms could also be grandfathered in if key project documents were already in place and at least one covered contract had already been awarded.
H.R. 2126 Bill Summary
What H.R. 2126 actually does.
Agencies cannot force union agreements
For covered construction awards after enactment, executive agencies and project managers acting for them could not require a bidder, contractor, or subcontractor to enter into an agreement with a labor organization.
Agencies cannot ban union agreements either
The same project documents also could not forbid a bidder, contractor, or subcontractor from entering into a labor agreement. The bill's approach is neutrality, not a one-sided ban.
Bids cannot be favored based on union status
Agencies could not give preference to—or discriminate against—a company because it is or is not already signatory to a labor agreement.
Grant-funded construction projects are covered too
The rule would extend beyond direct federal contracts to many construction projects funded through grants, financial assistance, and cooperative agreements made after enactment.
Voluntary labor agreements stay legal
Contractors and subcontractors could still choose to sign labor agreements on their own. H.R. 2126 only blocks the government from making that choice for them.
Emergency and existing-project exceptions remain
An agency head could grant an exemption for an imminent public health or safety threat or for national security. Some existing projects could also continue under older terms if their governing documents were already in place and at least one covered contract had already been awarded.
Who benefits from H.R. 2126?
Contractors trying to bid without changing their labor model
If your company wants a federal construction job, H.R. 2126 would keep the government from telling you to sign a union agreement first—or to drop one you already use.
Subcontractors pulled into larger federal projects
The bill explicitly covers subcontractors, not just prime contractors. That matters for smaller firms that often get swept into labor terms set higher up the chain.
Small and disadvantaged businesses seeking more access
The bill says one purpose is to expand job opportunities for small and disadvantaged businesses. The theory behind it is that more neutral bidding rules could widen the pool of firms willing to compete.
Grant recipients that want one federal rule
States, local governments, and other entities running federally assisted construction projects would get a uniform federal standard on labor-agreement terms in project documents.
Who is affected by H.R. 2126?
Executive agencies that write construction bid terms
Federal agencies would have to change how they structure bid specifications, project agreements, and related contracting documents for covered construction work.
Construction managers acting for the government
Managers handling projects on an agency's behalf would be subject to the same neutrality rule and could not insert terms requiring or prohibiting labor agreements.
Unions and contractors that rely on government-required project labor agreements
They could still negotiate agreements voluntarily, but they could no longer rely on agencies to make those agreements a condition of winning covered work.
Recipients of federal construction aid
Organizations using federal grants, financial assistance, or cooperative agreements for construction would need to make sure their project documents follow the new rule.
HR2126 Legislative Journey
House: Committee Action
Mar 14, 2025
Referred to the House Committee on Oversight and Government Reform.
About the Sponsor
Clay Higgins
Republican, Louisiana's 3rd congressional district · 9 years in Congress
Committees: House Select Subcommittee to Investigate the Remaining Questions Surrounding January 6, 2021, Oversight and Government Reform, Armed Services
View full profile →
Cosponsors (107)
All 107 cosponsors are Republicans. Cosponsors represent 31 states: Alabama, Arkansas, Arizona, and 28 more.
Daniel Meuser
Republican · PA
Mike Collins
Republican · GA
Andrew Ogles
Republican · TN
Keith Self
Republican · TX
Glenn Thompson
Republican · PA
Brandon Gill
Republican · TX
Robert Aderholt
Republican · AL
Scott Perry
Republican · PA
Elijah Crane
Republican · AZ
Ben Cline
Republican · VA
Pete Sessions
Republican · TX
Rick Allen
Republican · GA
Cosponsor Coverage Map
Committee Sponsors
Oversight and Government Reform Committee
19 of 47 committee members cosponsored
7 Republicans across this committee haven't cosponsored yet. Mobilize their constituents
H.R. 2126 Quick Facts
- Committee
- Oversight and Government Reform
- Chamber
- House
- Policy
- Government Operations and Politics
- Introduced
- Mar 14, 2025
Referred to the House Committee on Oversight and Government Reform.
Mar 14, 2025
Official Sources
Official bill page with status, text, actions, cosponsors, and committee information for H.R. 2126.
The bill requires revisions to the Federal Acquisition Regulation within 60 days, making the FAR the core rule set affected by H.R. 2126.
This FAR subpart covers labor-related requirements in federal contracting and is relevant to how agencies handle project labor agreement policies.
FAR Part 22 contains labor-law provisions for federal acquisitions, which is directly relevant to a bill governing neutrality toward contractor labor agreements.
The Department of Labor is a primary federal agency for labor-policy context, including collective bargaining and construction-labor issues touched by the bill.
GAO legal resources can provide official background on federal procurement disputes and contracting rules relevant to open competition claims.
GovInfo provides the official CFR collection, useful for locating procurement and labor regulations that could be updated if the bill becomes law.
H.R. 2126 Common Questions
What does H.R. 2126 actually do?
It says federal agencies must stay neutral on union agreements in covered construction projects. They could not require a contractor to sign one, and they could not forbid one either.
Would this ban project labor agreements entirely?
No. Contractors could still enter those agreements voluntarily. H.R. 2126 only blocks the government from making them mandatory or prohibited in covered projects.
Does H.R. 2126 apply to grant-funded construction too?
Yes. It covers not just direct federal contracts but also many construction projects paid for through federal grants, financial assistance, and cooperative agreements.
Would older federal construction contracts be reopened?
No. The bill applies to covered contracts and subcontracts awarded on or after it becomes law, so existing awards would generally stay under the old rules.
Can agencies still favor bidders that already work with unions?
No. H.R. 2126 says agencies cannot give preference to—or discriminate against—a bidder because it is or is not signatory to a labor agreement.
Are there any exceptions in H.R. 2126?
Yes. An agency head could exempt a project for an imminent public health or safety threat or for national security. Some existing projects could also be grandfathered in.
Can an agency use a possible strike as the reason for an exemption?
Not by itself. The bill says a current or possible labor dispute involving non-signatory contractors or non-union employees is not enough to claim special circumstances.
How fast would the government have to update the rules?
Fast. H.R. 2126 gives the government 60 days after enactment to revise the Federal Acquisition Regulation so the new neutrality rule is reflected in federal contracting policy.
Based on H.R. 2126 bill text
H.R. 2126 Bill Text
“To preserve open competition and Federal Government neutrality towards the labor relations of Federal Government contractors on Federal and federally funded construction projects, and for other purposes.”
Source: U.S. Government Publishing Office
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