Letters to Washington
| February 7, 2023

Coalition Letter to Congress Supporting the Fair and Open Competition Act

The diverse group of construction and business associations undersigned writes in strong support of the Fair and Open Competition Act––to be introduced by Rep. James Comer, R-Ky., and Sen. Todd Young, R-Ind.––and asks you to become an original co-sponsor of this important legislation. The Fair and Open Competition Act would prevent federal agencies and recipients of federal assistance from requiring or encouraging contractors to sign a controversial project labor agreement as a condition of winning a federal or federally assisted, taxpayer-funded construction contract. Supporting the Fair and Open Competition Act is critical in light of President Joe Biden’s Feb. 4, 2022, Executive Order 14063, which requires PLAs on federal construction projects of $35 million or more. In addition, the Biden administration is promoting PLAs on federally assisted infrastructure projects procured by state and local governments via more than $100 billion worth of competitive grant programs administered by federal agencies containing pro-PLA language. Federal projects and federal agency grant programs were authorized and funded through bipartisan legislation—such as the Infrastructure Investments and Jobs Act of 2021—that explicitly do not require or encourage the use of PLAs on taxpayer-funded construction projects.