Tuberville and Young Fight for Right-to-Work States, Promote Competition

March 17, 2025 - WASHINGTON, D.C. – U.S. Senator Tommy Tuberville (R-AL) joined U.S. Senator Todd Young (R-IN) in reintroducing the Fair and Open Competition Act (FOCA), which would prevent the federal government from mandating project labor agreements (PLAs) on federal projects funded by taxpayers. This legislation would provide more opportunities to bid on government work, increase workforce competition, lower government construction costs, and save taxpayer dollars.

Sen. Tuberville cosponsored this legislation in the 118th Congress.

"Alabama's workers deserve an equal playing field," said Sen. Tuberville. "Alabama is a Right-to-Work state, and that means we don't force workers to unionize. Construction companies and workers should win bids based off of merit, not their unionization status. I am proud to work with my colleagues to protect workers, boost business, and lower costs."

"The Fair and Open Competition Act is pro-worker legislation that will restore competition in the construction industry, protect Hoosier workers from discriminatory contracts, and lower costs for taxpayers," said Sen. Young. "Growing up with a dad who ran a small business and around family members and close friends who were union members, I appreciate what everyone brings to the table. This bill strikes the right balance to ensure various contractors can bid on these projects on their own merits."

Sens. Tuberville and Young were joined by Sens. Marsha Blackburn (R-TN), Katie Britt (R-AL), Ted Budd (R-NC), John Cornyn (R-TX), Kevin Cramer (R-ND), Mike Crapo (R-ID), Ted Cruz (R-TX), Lindsey Graham (R-SC), Chuck Grassley (R-IA), Bill Hagerty (R-TN), James Lankford (R-OK), Cynthia Lummis (R-WY), Jim Risch (R-ID), Rick Scott (R-FL), and Thom Tillis (R-NC) in cosponsoring the legislation.

Congressman Clay Higgins (R-LA-3) led the effort in the U.S. House of Representatives.

BACKGROUND:

On February 4, 2022, President Biden issued Executive Order 14063, requiring federal contracting agencies to mandate Project Labor Agreements (PLAs) on federal construction projects valued at $35 million or more, with limited exceptions. This new mandate poses serious risks:

It effectively bars over 80% of the U.S. construction workforce-those who are non-union-from competing on these federal projects.

Taxpayers bear the cost, as various studies have shown that PLAs can increase construction costs by 12% to 20%.

Right-to-work states are especially harmed when local non-union workers are shut out of cooperative federal projects.

Specifically, the FOCA would:

Prohibit federal agencies from requiring PLAs as a condition of winning a contract.

Permit contractors and subcontractors to decide if a PLA is suitable on a case-by-case basis-without government interference.

Direct the Federal Acquisition Regulation (FAR) to be updated within 60 days to remove or block any requirement that contractors enter into PLAs.

Senator Tommy Tuberville represents Alabama in the United States Senate and is a member of the Senate Armed Services, Agriculture, Veterans' Affairs, HELP, and Aging Committees.