Federal Manager's Daily Report

Rep. James Comer, R-Ky., last July moved through a House panel a bill to overturn the order, arguing it discriminates against contractors based on labor affiliation and increases costs. Image: Katherine Welles/Shutterstock.com

A House subcommittee is to hold hearings this week on a 2022 Biden administration executive order requiring agencies to use project labor agreements—which include standardize work rules, compensation costs, and dispute settlement processes on construction projects—in large-scale federal construction projects.

In issuing the directive, the White House said use of those agreements would “help alleviate the management and coordination challenges that can stymie progress” on those projects and would “create more certainty for the government and, therefore, taxpayers, about the costs and completion rate for projects.” The order also mandated training on use of the agreements for federal employees involved with managing contracts.

However, Rep. James Comer, R-Ky., last July moved through the House Oversight and Accountability, which he chairs, a bill effectively overturn the order, arguing that it discriminates against contractors based on labor affiliation and increases costs.

The bill, HR-1209, would prohibit construction contracts or controlling documents for federally supported construction projects from either requiring or prohibiting project labor agreements, and bar favorable or unfavorable consideration of a bidder or contractor who signs or refuses to sign a project labor agreement. It has not advanced to a House vote since then.

The hearing in the government innovation committee seems set to take the same tone, since the title of the hearing is “Cutting Competition in Contracting: The Administration’s Pricey Project Labor Agreement Mandate.” No administration witnesses are scheduled to appear.

Meanwhile, a resolution was recently filed in the House to have Congress disapprove of rules the administration issued last year to carry out the order.

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