Help Fight President Biden’s Project Labor Agreement Mandate

ABC filed a lawsuit March 28, 2024, against a Dec. 22, 2023, final rule--and the related Dec. 18, 2023, White House Office of Management and Budget Memo––implementing President Joe Biden’s Executive Order 14063, which requires federal construction contracts of $35 million or more to be subjected to controversial project labor agreements, effective Jan. 22, 2024.

As the Biden administration implements the $1.2 trillion Infrastructure Investment and Jobs Act, $270 billion in federal tax incentives for private clean energy projects through the Inflation Reduction Act, $50 billion for domestic microchip manufacturing through the CHIPS and Science Act and other legislation funding critical construction projects, ABC and an ABC-led coalition is concerned with its record of favoring the expansion of government-mandated PLAs on federal and federally assisted construction projects.

As you know, policies promoting and mandating inflationary and anti-competitive PLAs on taxpayer-funded projects will needlessly increase construction costs 12% to 20% and result in fewer infrastructure projects and jobs created by federal investment in America’s roads, bridges, schools and water and energy infrastructure.

Urge your federal lawmakers to fight the Biden administration’s pro-PLA schemes and ask them to cosponsor the Fair and Open Competition Act.

On Feb. 27, 2023, Rep. James Comer, R-Ky., and Sen. Todd Young, R-Ind. introduced H.R. 1209/S. 537, the Fair and Open Competition Act. FOCA has 118 cosponsors in the U.S. House and 27 in the U.S. Senate, as of May 31, and time is running out to secure additional cosponsors.

FOCA protects federal and federally assisted construction contracts from government PLA mandates and preferences and will allow merit shop contractors to have a fair chance at competing to rebuild America. With 89.3% of the U.S. private construction workforce not members of a union, PLA mandates and preferences discourage experienced contractors and their union-free employees from competing to win taxpayer-funded contracts to rebuild their communities.

The ABC-priority FOCA bill is key to ensuring that ABC contractors can build America’s infrastructure through fair and open competition. Ask your federal elected officials to support FOCA and policies that ensure a level playing field for taxpayer-funded contracts and encourage competition from all qualified companies, including small and minority-owned businesses. ABC members and their skilled employees deserve a fair chance to rebuild America at a price that is right for taxpayers.

Tell Congress to support FOCA and oppose PLA mandates and preferences today!

Learn more about the Biden administration's pro-PLA policies at www.abc.org/BidenPLAFAQs.