Letters to Washington
| July 10, 2023

Coalition Letter to House Oversight and Accountability Committee on the Fair and Open Competition Act, H.R. 1209/S. 537

The undersigned diverse group of construction and business associations strongly support the Fair and Open Competition Act (H.R. 1209/S. 537) ––introduced by Chairman James Comer, R-Ky., and Sen. Todd Young, R-Ind.––and urges members of the House Committee on Oversight and Accountability to vote in support of this legislation at the markup expected to occur on June 12. FOCA 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 FOCA 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 $250 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.