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On April 23, the U.S. Department of the Interior issued alternative permitting processes in response to President Donald Trump’s prior declaration of a National Energy Emergency, with the goal of reducing the federal permitting process for covered energy projects to no more than 28 days.
Covered projects include crude oil, natural gas, coal, critical minerals and more, excluding solar and wind energy projects.
The DOI issued new procedures for the National Environmental Policy Act, Endangered Species Act and National Historic Preservation Act.
Legal challenges to these policy changes are expected.
For more information, see the DOI’s announcement.
On April 15, President Donald Trump signed Executive Order 14275, Restoring Common Sense to Federal Procurement, directing significant revisions to the Federal Acquisition Regulations System with the goal of simplifying and streamlining federal procurement. The White House released an accompanying fact sheet and press release with the order.
The order directs the Office of Federal Procurement Policy within the Office of Management and Budget to amend the FAR to remove provisions that are not required by law and deemed unnecessary to support simplicity and usability in federal procurement or protect economic and national security interests.
This process, referred to as the Revolutionary FAR Overhaul, will be completed within six months. The OFPP will coordinate with the FAR Council to implement the RFO.
Additionally, the order directs all agencies with supplemental procurement regulations to work with the OFPP and FAR Council to ensure their rules are aligned with the RFO’s changes.
Lastly, the order directs the OFPP and FAR Council to consider adding regulatory sunset provisions to nonstatutory FAR rules, directing that these rules will expire four years after issuance unless renewed by the FAR Council.
On March 27, the U.S. Department of Justice launched the Anticompetitive Regulations Task Force to advocate for the elimination of anticompetitive state and federal laws and regulations that undermine free market competition and harm consumers, workers and businesses.
“Realizing President Trump’s economic Golden Age will require unwinding burdensome regulations that stifle free market competition. This Antitrust Division will stand against harmful barriers to competition whether imposed by public regulators or private monopolists,” said Assistant Attorney General Abigail Slater of the DOJ’s Antitrust Division. “We look forward to working with the public and with other federal agencies to identify and eliminate anticompetitive laws and regulations.”
The DOJ’s release also states, “On Jan. 31, President Trump signed Executive Order 14192 declaring ‘the policy of the executive branch’ to be that federal agencies should ‘alleviate unnecessary regulatory burdens placed on the American people.’ Consistent with this policy, on Feb. 19, President Trump signed Executive Order 14219 directing agencies to ‘initiate a process to review all regulations’ and identify regulations that, among other things, ‘impose undue burdens on small businesses and impede private enterprise and entrepreneurship.’ Consistent with longstanding practice, the Antitrust Division will support federal agencies’ deregulatory initiatives by sharing its market expertise on regulations that pose the greatest barriers to economic growth.”
The task force is particularly interested in seeking input about laws and regulations that make it more difficult for businesses to compete effectively, especially in markets that have the greatest impact on American households, including:
The task force invites public comments to identify laws and regulations that raise barriers to competition. Comments can be submitted at regulations.gov; the deadline is May 26. ABC will submit comments.
To learn more, visit the Anticompetitive Regulations Task Force.
On March 21, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network announced it is issuing an interim final rule that removes the beneficial ownership information reporting requirements under the Corporate Transparency Act for U.S. companies and persons. FinCEN’s statement follows a Feb. 27 announcement that it was ceasing enforcement of the CTA while it crafted a new set of regulations ahead of the March 21 reporting deadline.
While the interim final rule is not permanent, the announcement clarifies any confusion on reporting requirements and whether companies will still need to file their BOI. In January, ABC joined more than 100 trade associations to request relief from the CTA.
While the new rule alleviates the need to file, this relief is only temporary. So long as the CTA statute remains in place, a future administration could rewrite the rules to be more expansive. For this reason, ABC strongly supports H.R. 425, the Repealing Big Brother Overreach Act, which would repeal the CTA and relieve American small business owners from these burdensome reporting requirements and criminal penalties.
For more information, read the Interim Final Rule: Questions and Answers and visit the BOI website. FinCEN is accepting written comments on this interim final rule until May 27, 2025.
ABC encourages members and small business owners to consult with counsel about BOI reporting.
Background
On Jan. 1, 2021, Congress enacted into law the CTA, which establishes a new framework for the reporting, maintenance and disclosure of beneficial ownership information in order to better enable critical national security, intelligence and law enforcement efforts to counter money laundering, the financing of terrorism and other illicit activity.
ABC, along with a coalition of small business organizations, submitted a letter to congressional leadership expressing concerns on the amendments incorporating the CTA into the 2021 National Defense Authorization Act, stating the enactment of the CTA would decrease privacy protections and slow the economic recovery of Main Street businesses.
ABC responded to Treasury’s FinCEN notice of proposed rulemaking seeking public input on how best to implement the reporting requirements of the CTA, as well as the CTA’s provisions regarding FinCEN’s maintenance and disclosure of reported information in comments.
ABC’s comments noted that the framework prescribed by the CTA will require millions of small businesses, including nearly every employer with 20 or fewer employees, to report to FinCEN certain personal information of their beneficial owners and update that information periodically throughout the life of the business.
ABC also argued that America’s small businesses—which make up most of ABC’s members—are typically not staffed or equipped to understand and comply with reporting obligations similar to those under the CTA. However, per the CTA, failure to comply can result in significant fines and imprisonment for these small business owners.
On March 27, ABC joined the U.S. Chamber of Commerce and a coalition of business groups in submitting comments on the Council on Environmental Quality’s interim final rule repealing all National Environmental Policy Act regulations previously issued by CEQ.
In accordance with President Donald Trump’s executive order on Unleashing American Energy, the interim final rule stated that CEQ no longer has authority to issue binding NEPA regulations and tasked federal agencies with developing their own NEPA rules. The rule and associated guidance also state that CEQ will work with federal agencies to assist them in developing these regulations with the goal of expediting permitting approvals.
ABC’s comments supported the Trump administration’s efforts to streamline permitting regulations and provided feedback on areas where improvements can be made, including:
The interim final rule is effective April 11.
On March 14, President Donald Trump signed an executive order that, among other actions, rescinded former President Joe Biden’s Executive Order 14026, Increasing the Minimum Wage for Federal Contractors.
On Nov. 22, 2021, the U.S. Department of Labor’s Wage and Hour Division issued its final rule implementing President Biden’s order, which applied to all workers performing work on or in connection with covered federal contracts. The final rule increased the minimum wage to $15 per hour on Jan. 30, 2022, and indexed the wage to inflation. As of Jan. 1, 2025, the minimum wage had increased to $17.75.
ABC submitted comments opposing the rule when it was proposed. ABC asserted that while most of ABC’s federal contractor members already pay the vast majority of their workers higher than the minimum wage, the rule ignored Congress’s authority, failed to establish a market-driven approach and needlessly increased compliance burdens.
Next, the WHD will likely formally rescind the final rule through the rulemaking process.
On March 12, U.S. Environmental Protection Agency Administrator Lee Zeldin announced the agency will be working with the U.S. Army Corps of Engineers to revise the definition of “waters of the United States” subject to Clean Water Act regulation and permitting.
Administrator Zeldin stated that the purpose of the review will be to ensure clear and consistent rules for the regulated community and bring the EPA into full compliance with the U.S. Supreme Court’s holding in Sackett v. Environmental Protection Agency, while continuing to protect America’s navigable waters from pollution.
The EPA and USACE also issued a new guidance document reversing aspects of the Biden administration’s approach to CWA enforcement. The guidance directs field offices to more closely comply with Sackett’s direction that adjacent wetlands subject to CWA jurisdiction must have a continuous surface connection to traditional navigable waters, to the extent that it is difficult to determine where the water ends and the wetland begins.
ABC issued a statement applauding President Donald Trump and Administrator Zeldin for taking swift action to address WOTUS and provide important clarifications for contractors.
As the first step in the regulatory process, the EPA and USACE released a Federal Register notice, WOTUS Notice, The Final Response to SCOTUS. The notice requests recommendations on how the agencies can best improve WOTUS and CWA enforcement through future guidance and rulemaking efforts.
Comments on this notice are due 30 days after it is published in the Federal Register. ABC plans to submit comments.
The EPA and USACE also plan to schedule a number of in-person and virtual listening sessions for stakeholders to provide feedback. Information on these sessions will soon be available on the EPA’s website.
Mike Choutka, CEO Hensel Phelps and Construction Safety Week Chair 2025
Making a Difference in Safety
Construction Safety Week is now in its 11th year and remains dedicated to promoting a stronger safety culture in the construction industry. In 2014, 40 companies recognized the need to elevate the conversation around safety. Despite being industry competitors, they united under the shared mission of bringing everyone home safely from every jobsite. This common goal continues to foster collaboration across organizations and shape the future of safety across the industry.
Construction Safety Week has continued to evolve and grow into a powerful movement making the industry safer, but there is still room to improve. In 2023, the construction industry accounted for 1,075 workplace fatalities, according to the U.S. Bureau of Labor Statistics. That number is something the industry is making every effort to reduce through education and resources. Organizations participating in Construction Safety Week are provided with tools to engage their teams and share best practices to improve jobsite safety. This is a great time to evaluate processes and prioritize impact, but committing to focusing on safety year-round is also essential.
Setting the Tone for Safety
Every person on a construction site plays a vital role in ensuring each job is completed safely, but the role of the foreman is crucial to all aspects of the jobsite. This includes managing productivity and ensuring a safe environment. With an intimate connection to the team members, the foreman is the direct link between the team members and leadership. They are the eyes and ears of the superintendent and are in a unique position to ensure that the work is completed timely, safely, and according to plan.
With this level of responsibility, the foreman needs an equal level of support from leadership and their team when facing challenges that can feel outside of their control. Predetermined timelines, complex projects, and employee skillsets are some of these factors that can create barriers to their success as leaders in the field. From the craft professionals to the foreman to the superintendents and other leadership in the organization, everyone shares responsibility for the safety and execution of the work.
Effective communication at every level of the team is critical, with the foreman serving as the central link. Empowering these individuals to manage their crews, maintain safety standards and to communicate when they feel the plan needs to be adjusted or there is a safety risk is essential for ensuring safe outcomes. This also leads to deeper trust and respect within teams and demonstrates the value each team member brings to their collective success. Recognizing their role in making the right decisions helps them manage the team more effectively and plays an important role in industry safety.
Providing the Framework for Safety
In addition to various resources made available for companies to utilize during this week-long initiative, Construction Safety Week also provides a framework, empowering companies to guide meaningful conversations and activities centered around safety. A new campaign theme is introduced every year to focus the efforts of Construction Safety Week. This year’s theme is All in Together, which represents the industry’s collective dedication to safety. This theme is reinforced through Daily Topics assigned to each day of Safety Week to help engage teams in discussion and encourage open sharing of ideas. The 2025 Daily Topics emphasize the core components of this year’s theme: Plan, Own and Commit.
On Monday, the focus of the day is to plan with precision, emphasizing the importance of starting every day with a well-thought-out plan that accounts for all aspects of every task. By identifying potential risks from the start, the team can help mitigate risks through active collaboration and communication.
Tuesday highlights identifying high energy hazards. While understanding that there is no way to eliminate all risks, focusing on eliminating these high-energy hazards can make a critical difference in safety on a jobsite.
Wednesday reinforces the notion that everyone owns their part when it comes to safety. This comprehensive approach, where everyone comes together and takes ownership, fosters a stronger safety culture.
Thursday, the focus shifts to engaging and empowering team members, creating a team committed to safety. By encouraging and empowering this commitment to safety, organizations build a culture of trust and mutual respect.
The week concludes with a call to commit to excellence. Together, we can create a safer and stronger industry for everyone through dedication and continuously striving to improve.
These topics are great assets for the company as a whole but are guiding posts for the foreman as they lead on the jobsite.
How To Get Involved in Construction Safety Week 2025
This week-long campaign highlights resources to improve safety programs and promote safety across the company. Team members and leadership will gain access to resources that will enhance the safety culture in their organization. As the construction industry continues making strides in safety by investing time and resources toward education, companies continue to commit to safety initiatives like Construction Safety Week. By doing so, they are demonstrating that they are leaders in the industry. Construction Safety Week encourages organizations to commit to the safety movement in 2025 as sponsors, members, or advocates. This year’s Safety Week takes place May 5-9, 2025. Learn more about Construction Safety Week 2025, how our safety initiatives can help your team recommit to safety for the year, and how to get involved by visiting constructionsafetyweek.com.
ABC is proud to be a sponsor of Construction Safety Week, May 5-9. In a Construction Safety Week Primer webinar, a CEO panel discusses the initiative that extends as a call to action for the entire contracting community to commit to a safer industry. Watch to learn more about how to participate, the resources available and explore this year’s theme, "All in Together." The panel includes speakers Adam Jelen, president and CEO of Gilbane Building Co., Mike Bellaman, ABC president and CEO, Mike Choutka, chairman and CEO Hensel Phelps, as well as moderator Joe Xavier, ABC senior director of health and safety.
President Donald Trump has rescinded a controversial Biden administration executive order that attempted to expand the use of government-registered apprentices through federal contracts and grant programs.
“President Trump’s elimination of Biden’s problematic EO is good news for taxpayers, the construction industry and the principles of free enterprise,” said Associated Builders and Contractors Vice President of Regulatory, Labor and State Affairs Ben Brubeck. “The Biden policy would have increased costs on federal and federally assisted taxpayer-funded construction projects by reducing competition from some of the best contractors that do not participate in the voluntary government-registered apprenticeship system for a variety of valid reasons.”
President Trump’s March 14 EO 14236, Additional Rescissions of Harmful Executive Orders and Actions, revoked 19 Biden administration EOs and actions, including Biden’s Executive Order 14119, Scaling and Expanding the Use of Registered Apprenticeships in Industries and the Federal Government and Promoting Labor-Management Forums, signed March 6, 2024.
In a March 6, 2024, statement on the Biden EO, ABC expressed concerns that any new apprenticeship mandates or incentives on federal contracts and grants would also strain America’s underperforming government-registered apprenticeship system.
“As was the case when ABC evaluated the Biden apprenticeship EO last year, the government data is clear: construction’s government-registered apprenticeship system, which had an enrollment of 290,000 apprentice participants and graduated less than 40,000 apprentices in FY 2024, is not keeping up with construction industry demand for skilled craft professionals,” said Brubeck.
According to a Jan. 24 ABC analysis, the construction industry will need to attract an estimated 439,000 net new workers in 2025 to meet anticipated demand for construction services.
“In addition, the Biden apprenticeship EO was a product of his White House Task Force on Worker Organizing and Empowerment and disproportionately benefited unionized contractors and construction trade union members as part of the Biden administration’s campaign to bolster unions,” said Brubeck. “About 69% of all construction industry GRAP participants are in union programs, so it was another anti-competitive tactic––in addition to illegal government-mandated project labor agreement schemes–– that the Biden administration implemented to steer taxpayer-funded construction contracts primarily to unionized contractors and union labor.”
“ABC appreciates President Trump’s recognition that a record-high 89.7% of the construction industry’s workforce does not belong to a union and that America benefits when all construction workers are welcome to compete on a level playing field to rebuild their communities,” said Brubeck.
ABC supports GRAPs and offers more than 450 such education programs through ABC chapters across the country as part of its all-of-the-above approach to meet the workforce needs of the construction industry.
However, the flawed government-registered apprenticeship system is in need of many improvements, as outlined in ABC’s 2024 comments on a widely opposed Biden proposed rule overhauling the U.S. Department of Labor’s regulations on apprenticeships. On Dec. 2, 2024, ABC celebrated the Biden administration’s decision to withdraw its unpopular proposed rule that would have discouraged employer participation in the GRAP system by adding more costly bureaucracy and paperwork requirements and eliminated flexible, competency-based GRAPs that benefit apprentices and employers.
ABC will continue to provide members, construction industry and workforce development stakeholders with insights on apprenticeship and workforce development policies before the Trump administration and Congress.
Learn more at abc.org/apprenticeship.
President Donald Trump has rescinded a controversial Biden administration executive order that attempted to prioritize the award of federal government grants to private developers and state and local governments seeking federal assistance to build infrastructure, manufacturing and clean energy projects if they adopt project labor agreement requirements and other union-friendly policies.
“President Trump’s elimination of President Joe Biden’s politically motivated EO is a win for America’s construction workers and taxpayers,” said Associated Builders and Contractors Vice President of Regulatory, Labor and State Affairs Ben Brubeck. “President Biden’s EO was an election-season commemoration of four years of harmful policies that strongly incentivized inflationary and anti-competitive project labor agreements on federally assisted construction projects, which increase construction costs by 12% to 20%, reduce worker wages and effectively eliminate 90% of America’s construction industry workforce from building these projects because they are not members of a labor union.”
ABC identified more than $271 billion in federal funding subject to language and policies promoting PLA mandates and preferences that have resulted in reduced competition, delays and increased costs on federally assisted construction projects since former President Biden took office.
Analysis in a September 2024 ABC news release and ABC Newsline article highlighted how pro-PLA policy schemes undermine the efficient and economical delivery of taxpayer funded infrastructure, manufacturing and energy projects by steering work to unionized contractors and labor at the expense free enterprise, taxpayers and the broader construction industry.
President Trump’s March 14 EO 14236, Additional Rescissions of Harmful Executive Orders and Actions, revoked 19 Biden administration EOs and actions, including Executive Order 14126, Investing in America and Investing in American Workers, signed Sept. 6, 2024.
It is unclear if the Trump EO will revoke all of the Biden administration’s pro-PLA policies buried in federal agency regulations and subregulatory actions.
“President Trump has delivered an incredible victory for all Americans and ABC will continue to advocate for a fair and open competition EO and legislation that would eliminate all of President Biden’s pro-PLA policies and proactively prevent PLAs mandated by recipients of federal funding,” said Brubeck. “It appears this Trump EO does not eliminate Biden’s pro-PLA EO 14063 and related FAR rule mandating PLAs on direct federal construction projects of $35 million or more that is subject to ongoing litigation.”
On Jan. 9, ABC and 24 other construction and business groups in the Build America Local coalition sent a letter to President Trump requesting an executive order that would eliminate PLA mandates and preferences and restore fair and open competition on federal and federally assisted construction projects that would save taxpayers an estimated $10 billion annually.
More than a dozen blue state governments controlled by Democrat trifectas require or encourage the use of PLAs on taxpayer-funded construction projects, in the face of declining construction union membership across America. Recently, governors of Massachusetts, Oregon, Pennsylvania, Hawaii and Maryland have come under fire for issuing EOs pushing PLAs on state and state-assisted construction projects that are similar to Biden’s pro-PLA policies.
ABC celebrated a Jan. 19 decision by the U.S. Court of Federal Claims that ruled in favor of experienced ABC members and other federal contractors who filed 12 bid protests against three federal agencies that mandated PLAs in solicitations for construction services as a result of Biden’s EO 14063 and related final rule.
Since the ruling, Biden’s pro-PLA policy has been eliminated from solicitations for federal contracts to build the U.S. General Services Administration’s land port of entry projects and all U.S. Department of Defense projects. However, the U.S. Department of Veterans Affairs reinstated the Biden pro-PLA policy less than two weeks after they rescinded it.
ABC voiced strong support for the Fair and Open Competition Act (S.1064/H.R. 2126), reintroduced in the 119th Congress on March 14 by Sen. Todd Young, R-Ind., and Rep. Clay Higgins, R-La. This bill would eliminate government-mandated PLAs on federal and federally assisted construction projects and restore merit-based competition that encourages all qualified contractors to compete on a level playing field based on merit, experience, quality and safety in order to deliver the best projects at the best cost. Via this grassroots campaign, voters can urge their elected officials to join a record-high 91 House and 17 Senate original co-sponsors of this legislation to restore fair and open competition in government contracting.
Last summer, ABC testified before Congress in support of FOCA and highlighted harmful effects of the Biden administration’s pro PLA policies.
ABC will continue to provide ABC, the construction industry and taxpayer advocate stakeholders with insights on ABC’s fight against government-mandated PLAs.