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On Jan. 29, 2025, U.S. Transportation Secretary Sean Duffy approved a proposed rule to rescind the Federal Highway Administration’s Greenhouse Gas Performance Measure final rule.

The proposed rescission is now under review at the Office of Information and Regulatory Affairs, the final step before it can be published in the Federal Register and take effect.

The Greenhouse Gas Performance Measure rule had already been blocked from taking effect by a court order in March 2024. On Feb. 3, 2025, the FHWA dropped its appeal of this ruling and the case was dismissed, meaning that the rule is not expected to be reinstated absent new legal action.

The final rule required that state departments of transportation and metropolitan planning organizations—the state entities responsible for transportation infrastructure construction and maintenance—measure and report GHG emissions associated with transportation. Further, state DOTs and MPOs were required to set targets for reducing carbon dioxide emission and report on progress toward these targets. The rule did not mandate particular targets, allowing states to set their own targets as long as they achieved some amount of emission reduction.

Potentially, the rule could have delayed or canceled certain transportation projects such as roadways and bridges as the agencies sought to achieve GHG emission goals.

On Feb. 10, President Donald Trump announced 25% tariffs on imports of steel and aluminum to the United States, without exceptions for allies such as Canada, Mexico, Japan and South Korea. The tariffs, set to take effect on March 12, are the latest in a slew of tariff threats and impositions from Trump in the first weeks of his second term. Trump so far has imposed 10% tariffs on all Chinese goods, and threatened 25% tariffs on Canada, Mexico and Colombia, before reaching deals with their governments.

Please see below for a breakdown of the latest tariffs on steel and aluminum:

Steel:

  • All previous steel tariff agreements that created exceptions or quotas to escape the previous Trump 25% steel tariffs are terminated as of March 12, 2025. As of that date, all imports of steel articles and derivative steel articles from Argentina, Australia, Brazil, Canada, EU countries, Japan, Mexico, South Korea, Ukraine and the United Kingdom shall be subject to the 25% additional ad valorem.
  • As of March 12, 2025, the 25% tariff applies derivative steel articles covered by the executive order (we are still awaiting an annex listing those articles).
  • Exclusions from the 25% steel tariff are no longer authorized.
  • The order expands steel products subject to the 25% tariffs to include certain “downstream products” that will be provided in “Annex I” of a Federal Register notice not yet available. Per the executive order, as of March 12, 2025, the additional derivative steel articles that will be set out in in “Annex I” will be subject to the tariffs “except for derivative steel articles processed in another country from steel articles that were melted and poured in the United States. For any derivative steel article identified in Annex I that is not in Chapter 73 of the HTSUS, the additional ad valorem duty shall apply only to the steel content of the derivative steel article. The Secretary shall publish a notice in the Federal Register to this effect, including Annex I to this proclamation.”
  • Effective dates: Steel articles entered from all countries on or after 12:01 a.m. ET on March 12, 2025.

 Aluminum:

  • The applicable tariff rate on aluminum products will be increased to 25%.
  • All previous aluminum tariff agreements that created exceptions or quotas to escape the previous Trump 25% steel tariffs are terminated as of March 12, 2025. As of that date, all imports of aluminum articles and derivative aluminum articles from Argentina, Australia, Brazil, Canada, EU countries, Japan, Mexico, South Korea and the United Kingdom shall be subject to the 25% additional ad valorem.
  • Effective dates: Aluminum articles entered from all countries on or after 12:01 a.m. ET on March 12, 2025.
  • Exclusions from the 25% tariff are no longer authorized.
  • Within 90 days, a process must be established to apply the tariffs to derivative aluminum articles.

On Jan. 20, President Donald Trump was sworn in as the 47th president and quickly issued a sweeping set of executive orders aimed at reversing Biden administration policies. ABC has prepared a summary of executive orders of interest to ABC members. A full list of executive orders and other actions can be found on the White House website. This list will be updated as further actions occur.

Additionally, register for an ABC members-only webinar on Feb. 19 at 11 a.m. ET, Learn About President Trump’s Actions on Immigration and DEI and How To Be Proactive in Compliance Effort.

EOs Issued on Jan. 20

Immigration

President Trump issued a flurry of executive orders related to immigration action items on Jan. 20.

ABC recommends every contractor take all precautions in the hiring process to verify each potential employee is eligible to work legally in the United States, including using the E-Verify system.

ABC’s goal is to work with the administration and Congress to create a market-based merit visa system that allows people who want to contribute to society and work legally in the construction industry to do so. There is no place in our country for lawbreakers here to cause harm, and ABC opposes violence, coercion and intimidation of every kind. ABC supports the portion of the administration’s immigration strategy that focuses on lawbreakers.

Following the laws of supply and demand, mass deportations could constrain the availability of labor, which could stifle the ability of the industry to build the construction projects demanded by the marketplace. In other words, the supply of labor may not meet the demand, which could drive up costs, or consumer demand would adjust. And if the worker supply is constrained, employers would most likely adjust their employee value proposition to enhance their position in the marketplace. This is an important reason why we need a market-based merit visa system.

Read additional resources on recent immigration actions provided by ABC general counsel Littler Mendelson:

ABC members are encouraged to reach out to counsel with any questions regarding the immigration EOs or actions.

Unleashing American Energy

In the EO Unleashing American Energy, President Trump included a section titled “Revocation of and Revisions to Certain Presidential and Regulatory Actions,” which revokes several executive orders and abolishes any offices established therein. This section revokes Executive Order 14082 of Sept. 12, 2022, Implementation of the Energy and Infrastructure Provisions of the Inflation Reduction Act of 2022. Of note, former President Joe Biden’s EO 14082 includes many problematic IRA implementation priorities, including “increasing high-quality job opportunities for American workers and improving equitable access to these jobs, including in traditional energy communities, through the timely implementation of the Act's requirements for prevailing wages and registered apprenticeships and by focusing on high labor standards and the free and fair chance to join a union.”

Additional sections in the EO include:

  • Terminating the Green New Deal, which states that all agencies shall immediately pause the disbursement of funds appropriated through the Inflation Reduction Act or the Infrastructure Investment and Jobs Act including but not limited to funds for electric vehicle charging stations made available through the National Electric Vehicle Infrastructure Formula Program and the Charging and Fueling Infrastructure Discretionary Grant Program, and shall review their processes, policies and programs for issuing grants, loans, contracts or any other financial disbursements of such appropriated funds for consistency with the law and the policy outlined in section two of this order.  
  • Eliminating the Electric Vehicle Mandate, which terminates subsidies for the vehicles and state emissions waivers “that function to limit sales of gasoline-powered automobiles.”
  • Unleashing Energy Dominance Through Efficient Permitting, which states: “To expedite and simplify the permitting process, within 30 days of the date of this order, the Chairman of the Council on Environmental Quality (CEQ) shall provide guidance on implementing the National Environmental Policy Act (NEPA), and propose rescinding CEQ’s NEPA regulations found at 40 CFR 1500 et seq.”
  • Following the provision of the guidance, the chairman of CEQ shall convene a working group to coordinate the revision of agency-level implementing regulations for consistency. The guidance and any resulting implementing regulations must expedite permitting approvals and meet deadlines established in the ABC-supported Fiscal Responsibility Act of 2023.
  • Effectively, this order directs CEQ to rescind all existing NEPA regulations and provide guidance to federal agencies on implementing NEPA in their own regulations. The CEQ has yet to take action to implement this EO. In the meantime, the ABC-supported 2020 NEPA regulations are in effect following a Feb. 3 court order
  • Prioritizing Accuracy in Environmental Analyses, which states, “In all Federal permitting adjudications or regulatory processes, all agencies shall adhere to only the relevant legislated requirements for environmental considerations and any considerations beyond these requirements are eliminated. In fulfilling all such requirements, agencies shall strictly use the most robust methodologies of assessment at their disposal and shall not use methodologies that are arbitrary or ideologically motivated.”

 

America First Trade Policy

President Trump issued an executive order, America First Trade Policy, which is widely regarded as a “placeholder” while his administration explores longer-term trade strategies and works to build congressional support for proposed actions. Read ABC’s analysis of the order.

On Feb. 1, President Trump issued executive orders placing a 10% tariff on China and 25% tariffs on Canada and Mexico. The tariffs on Canada and Mexico are currently paused while negotiations continue.

On Feb. 10, President Trump issued an executive order to place a 25% tariff on all imported steel and aluminum.

Initial Rescissions of Harmful Orders and Actions

The EO Initial Rescissions of Harmful Orders and Actions rescinds a number of former President Biden’s executive orders on a variety of issues, including diversity, equity and inclusion, immigration and climate.

This includes the recission of two executive orders that called on the Federal Acquisition Regulatory Council to implement ABC-opposed rules that affect federal contractors, which are now likely to be repealed through the rulemaking process:

Read additional resources on the EO provided by ABC general counsel Littler Mendelson:

Regulatory Freeze Pending Review

President Trump issued an EO, Regulatory Freeze Pending Review, which directs all executive departments and agencies to pause and review regulatory actions as follows:

Rule Proposals and Issuance: No new rules may be proposed or issued until reviewed and approved by a department or agency head appointed by the president after Jan. 20. The Office of Management and Budget director may exempt emergency rules or those with statutory or judicial deadlines.

Withdrawal of Pending Rules: Any rules sent to the Office of the Federal Register but not yet published must be withdrawn for review, subject to exceptions.

Delay of Effective Dates: Agencies should consider delaying the effective dates of rules not yet in effect for 60 days to review questions of fact, law or policy. Agencies may open comment periods during this time and reevaluate petitions. If necessary, delays may be extended further.

Postponement Review: Rules posing no substantial questions after the postponement require no further action. Rules raising significant questions must involve consultation with the OMB director.

Establishing and Implementing the President’s ‘Department of Government Efficiency’

This EO establishes the Department of Government Efficiency to implement the President’s DOGE agenda to modernize federal technology and software to maximize governmental efficiency and productivity. The United States Digital Service is publicly renamed as the United States DOGE Service and shall be established in the Executive Office of the President. In consultation with USDS, each agency head shall establish within their respective agencies a DOGE team of at least four employees, which may include special government employees, hired or assigned within 30 days of the date of this order. Agency heads shall ensure that DOGE team leads coordinate their work with USDS and advise their respective agency heads on implementing the President ‘s DOGE agenda.

EOs Issued on Jan. 21

Ending Illegal Discrimination and Restoring Merit-Based Opportunity

Affirmative Action by Government Contractors:

President Trump signed an EO, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” which directs all federal agencies to “terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements,” to enforce “longstanding civil-rights laws,” and to “combat illegal private-sector DEI preferences, mandates, policies, programs, and activities.”

The EO lists several other EOs that the Trump administration is revoking. Notably, the Trump EO revokes Executive Order 11246, “Equal Employment Opportunity,” which has required federal contractors to have affirmative action plans since 1965. Additionally, the EO orders the Office of Federal Contract Compliance Programs to immediately cease “promoting diversity,” “holding federal contractors and subcontractors responsible for taking ‘affirmative action,’” and “allowing or encouraging federal contractors or subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.” The EO claims these actions are meant to streamline the federal contracting process “to enhance speed and efficiency, reduce costs, and require federal contractors and subcontractors to comply with our civil-rights laws.”

This order states that, “for 90 days from the date of this order, Federal contractors may continue to comply with the regulatory scheme in effect on January 20, 2025.”

Additionally, the EO directs each federal agency to include in every federal contract or grant award a term requiring contractual counterparties or grant recipients to agree that it is in compliance with all applicable federal anti-discrimination laws and a term requiring the counterparty or recipient to certify that it does not operate “any programs promoting DEI that violate any applicable federal anti-discrimination laws.”

On Jan. 23, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs published a bulletin on the EO, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The bulletin notes that, for 90 days from the date of the EO, federal contractors may continue to comply with the regulatory scheme in effect on Jan. 20, 2025. 

The OFCCP bulletin also includes the following:

The OFCCP shall immediately cease:

  • Promoting “diversity”;
  • Holding federal contractors and subcontractors responsible for taking “affirmative action”; and
  • Allowing or encouraging federal contractors and subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion or national origin.

It is important to note that requirements under Section 503 of the Rehabilitation Act, 29 U.S.C. 793, and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), 38 U.S.C. 4212, both enforced by OFCCP, are statutory and remain in effect.

Additional information from the OFCCP will be forthcoming in the following weeks. Also, the public can contact the OFCCP Customer Service Helpdesk at (800) 397-6251 with any questions.

On Jan. 24, Acting Secretary of Labor Vince Micone sent Secretary’s Order 03-2025 to all DOL employees pursuant to the EO “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The secretary’s order directs all DOL employees to cease and desist all investigative and enforcement activity under the revoked EO 11246 and regulations that were implemented in accordance with the EO. It also requires DOL employees “to notify all regulated parties with impacted open reviews or investigations by January 31, 2025, that the EO 11246 component of the review or investigation has been closed and the Section 503 and VEVRAA components of the review or investigation are being held in abeyance pending further guidance.”

Read additional resources on the EO provided by ABC general counsel Littler Mendelson:

DEI Programs and Policies in the Private Sector:

The EO “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” also encourages the private sector to cease DEI programs and initiatives. Specifically, the EO directs the attorney general, in consultation with other relevant agencies, to promulgate a report (within 120 days of the order) containing recommendations for enforcing federal civil rights laws and taking other appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI.

According to the EO, the report shall contain a proposed strategic enforcement plan identifying:
(i)    Key sectors of concern within each agency’s jurisdiction;
(ii)   The most egregious and discriminatory DEI practitioners in each sector of concern;
(iii)  A plan of specific steps or measures to deter DEI programs or principles (whether specifically denominated “DEI” or otherwise) that constitute illegal discrimination or preferences.  As a part of this plan, each agency shall identify up to nine potential civil compliance investigations of publicly traded corporations, large non-profit corporations or associations, foundations with assets of 500 million dollars or more, State and local bar and medical associations, and institutions of higher education with endowments over 1 billion dollars;
(iv)   Other strategies to encourage the private sector to end illegal DEI discrimination and preferences and comply with all Federal civil-rights laws;
(v)    Litigation that would be potentially appropriate for Federal lawsuits, intervention, or statements of interest; and
(vi)   Potential regulatory action and sub-regulatory guidance.

Read additional resources on the EO provided by ABC general counsel Littler Mendelson:

EOs Issued on Jan. 31

Unleashing Prosperity Through Deregulation

The purpose of the EO, Unleashing Prosperity Through Deregulation, is to promote prudent financial management and alleviate unnecessary regulatory burdens. Whenever an executive department or agency promulgates a new regulation, it shall identify at least 10 existing regulations to be repealed. The heads of all agencies are directed to ensure that the total incremental cost of all new regulations, including repealed regulations being finalized this year, shall be significantly less than zero.

Below is an overview of President Donald Trump's new executive orders on immigration as well as recent administration actions on Temporary Protected Status.

Executive Orders

On Jan. 20, President Trump issued a flurry of executive orders related to immigration action items.

ABC recommends every contractor take all precautions in the hiring process to verify each potential employee is eligible to work legally in the United States, including using the E-Verify system.

ABC’s goal is to work with the administration and Congress to create a market-based merit visa system that allows people who want to contribute to society and work legally in the construction industry to do so. There is no place in our country for lawbreakers here to cause harm, and ABC opposes violence, coercion and intimidation of every kind. ABC supports the portion of the administration’s immigration strategy that focuses on lawbreakers.

Following the laws of supply and demand, mass deportations could constrain the availability of labor, which could stifle the ability of the industry to build the construction projects demanded by the marketplace. In other words, the supply of labor may not meet the demand, which could drive up costs, or consumer demand would adjust. And if the worker supply is constrained, employers would most likely adjust their employee value proposition to enhance their position in the marketplace. This is an important reason why we need a market-based merit visa system.

Read additional resources on recent immigration actions provided by ABC general counsel Littler Mendelson:

Temporary Protected Status

On Feb. 1, 2025, Secretary of Homeland Security Kristi Noem terminated Temporary Protected Status under the 2023 designation for Venezuela. TPS and related benefits associated with the 2023 designation will end on April 7, 2025. It is estimated that 348,202 Venezuelans will be impacted by the termination.

According to the Federal Register Notice:

“This termination is effective April 7, 2025. After April 7, 2025, nationals of Venezuela (and aliens having no nationality who last habitually resided in Venezuela) who have been granted TPS under the 2023 Venezuela designation will no longer have TPS. This termination determination does not apply to the 2021 designation of Venezuela for TPS, which remains in effect until September 10, 2025, or to individuals who are registered for TPS under the 2021 designation.”

ABC believes in protections for TPS recipients, who have been members of the construction industry workforce for years. Currently, it is estimated that between 70,000-100,000 individuals work in the construction industry through both TPS and DACA.

ABC members can visit the TPS webpage for status alerts

ABC members are encouraged to reach out to counsel with any questions regarding the recent immigration actions.

The U.S. Army Corps of Engineers recently canceled its solicitation for the construction of a $500 million to $1 billion federal currency printing plant in Beltsville, Maryland, on behalf of the U.S. Treasury Department’s Bureau of Engraving and Printing. 

According to its Jan. 13, 2025, notice canceling the solicitation, the USACE Baltimore District cited “budgetary constraints and a reduction in the project’s required scope.”

The project had five qualified bidders in phase one of the two-step procurement process. All but one firm dropped out after a project labor agreement was mandated following the Jan. 22, 2024, effective date of former President Joe Biden’s rule mandating PLAs on federal construction projects of $35 million or more.

The USACE was unable to receive a PLA exception on this project from its senior procurement officials despite market research and real-world evidence indicating a PLA mandate would reduce competition, increase costs and trigger needless delays.

The fate of this project is unclear. 

The Washington Business Journal referenced ABC’s concerns about President Biden’s anti-competitive and costly government-mandated project labor agreement policies in its Jan. 30 reporting on the project.

“In construction, time is money,” ABC Vice President of Regulatory, Labor and State Affairs Ben Brubeck was quoted in the WBJ article. “So, this project is going to probably have to be rebid if they have the money for it, and that’s going to make the project more expensive.”

Last month, ABC celebrated U.S. Court of Federal Claims Judge Ryan T. Holte’s Jan. 19 ruling in favor of 12 bid protests filed by experienced ABC and AGC member federal contractors against three federal agencies (USACE, Naval Facilities Engineering Systems Command and General Services Administration) that mandated PLAs in solicitations for construction services as a result of a Federal Acquisition Regulatory Council rule implementing Biden’s Executive Order 14063.

The judge extended his deadline by seven days to Feb. 10 for the U.S. Justice Department and the federal agency defendants to comply with his decision.

“Damning evidence procured through market research conducted by several federal agencies was raised in the case’s Jan. 16 oral argument and corroborated plaintiffs’ complaints and ABC’s long-standing concerns,” said Brubeck. “The findings of federal agencies illustrate how Biden’s controversial policy mandating union-favoring project labor agreements stifles competition and raises costs on federal construction contracts nationwide.”

According to Judge Holte’s ruling, the Biden FAR Council rule mandating PLAs violates congressional requirements for full and open competition:

“The agencies’ 2024 implementation of the mandate—ignoring the agencies’ own market research concluding project labor agreements would be anticompetitive—relying solely on executive order presidential policy is arbitrary and capricious. Specifically, the functionality of the mandate as applied to the individual contracts in this case stifles competition and violates the statutory directive that agencies must promote “full and open competition” in federal procurements unless a statutory justification is properly invoked.”

“President Biden’s anti-competitive and costly pro-PLA policies on federal and federally assisted construction projects need to be rescinded for many compelling reasons, including the fact that it would save taxpayers $10 billion annually,” said Brubeck. “The evidence presented in this bid protest case—the cancelation of the USACE’s Bureau of Engraving and Printing project due to a lack of competitors, ABC’s congressional testimony and the affidavits of prominent ABC federal contractors filed in ABC’s March 28, 2024, suit in federal court in Jacksonville, Florida—clearly demonstrate why fair and open competition benefits all Americans and taxpayers.”

ABC advises ABC and industry federal contractors to continue to file bid protests against individual federal agency PLA mandates on a case-by-case basis.  This is the best solution to defeat the Biden rule on federal contracts until a court issues an injunction against the rule or the Trump administration rescinds it via executive action.

Bid protests must be filed by experienced prime federal contractors in advance of the bid due date on an active federal agency solicitation. Please reach out to ABC if you would like to learn more.

On Feb. 3, a federal judge struck down ABC-opposed revisions to the National Environmental Policy Act regulations governing federal environmental reviews that were issued in May 2024.

In the case Iowa v. Council on Environmental Quality, U.S. District Court Judge Dan Traynor ruled that NEPA’s enacting legislation did not grant rulemaking authority to the White House’s Council on Environmental Quality and, therefore, CEQ cannot issue binding regulations directing how federal agencies conduct NEPA reviews.

The decision noted that therefore all NEPA regulations are likely unlawful, but did not extend its order beyond rescinding the 2024 regulations.

The court’s decision aligns with the Nov. 12, 2024, decision by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, which similarly ruled that CEQ does not have authority to issue NEPA regulations.

These rulings provide support for President Donald Trump’s previously announced plans to completely overhaul NEPA regulations. As part of his executive order, Unleashing American Energy, President Trump rescinded the 1977 executive order granting CEQ rulemaking authority. The order further directed CEQ to propose rescinding all existing NEPA regulations and provide guidance to federal agencies on implementing NEPA in their own regulations.

The CEQ has yet to take action to implement this executive order. ABC will participate in the regulatory process to support efforts to create a coordinated, predictable and transparent process to streamline permitting while maintaining necessary environmental safeguards.

In the meantime, the ABC-supported 2020 NEPA regulations are in effect pending any further legal action by the U.S. Department of Justice or co-defendants in the case, which include environmentalist groups and a number of states.

Since President Donald Trump was sworn in as the 47th president on Jan. 20, he has issued a sweeping set of executive orders that take aim at immigration and diversity, equity and inclusion programs and policies. Below is a breakdown of EOs that are relevant to ABC members.

To stay up to date on EOs issued by President Trump, ABC general counsel Littler Mendelson has provided an Executive Order Tracker and Rescinded Order Tracker. Additionally, a full list of executive orders and other actions can be found on the White House website.

Affirmative Action by Government Contractors

On Jan. 21, President Trump signed an EO, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” which directs all federal agencies to “terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements,” to enforce “longstanding civil-rights laws,” and to “combat illegal private-sector DEI preferences, mandates, policies, programs, and activities.”

The EO lists several other EOs that the Trump administration is revoking. Notably, the Trump EO revokes Executive Order 11246, “Equal Employment Opportunity,” which has required federal contractors to have affirmative action plans since 1965. Additionally, the EO orders the Office of Federal Contract Compliance Programs to immediately cease “promoting diversity,” “holding federal contractors and subcontractors responsible for taking ‘affirmative action,’” and “allowing or encouraging federal contractors or subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.” The EO claims these actions are meant to streamline the federal contracting process “to enhance speed and efficiency, reduce costs, and require federal contractors and subcontractors to comply with our civil-rights laws.”

This order states that, “for 90 days from the date of this order, Federal contractors may continue to comply with the regulatory scheme in effect on January 20, 2025.”

Additionally, the EO directs each federal agency to include in every federal contract or grant award a term requiring contractual counterparties or grant recipients to agree that it is in compliance with all applicable federal anti-discrimination laws and a term requiring the counterparty or recipient to certify that it does not operate “any programs promoting DEI that violate any applicable federal anti-discrimination laws.”

On Jan. 23, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs published a bulletin on the EO, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The bulletin notes that, for 90 days from the date of the EO, federal contractors may continue to comply with the regulatory scheme in effect on Jan. 20, 2025. 

The OFCCP bulletin also includes the following:

The OFCCP shall immediately cease:

  • Promoting “diversity”;
  • Holding federal contractors and subcontractors responsible for taking “affirmative action”; and
  • Allowing or encouraging federal contractors and subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion or national origin.

It is important to note that requirements under Section 503 of the Rehabilitation Act, 29 U.S.C. 793, and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), 38 U.S.C. 4212, both enforced by OFCCP, are statutory and remain in effect.

Additional information from the OFCCP will be forthcoming in the following weeks. Also, the public can contact the OFCCP Customer Service Helpdesk at (800) 397-6251 with any questions.

On Jan. 24, Acting Secretary of Labor Vince Micone sent Secretary’s Order 03-2025 to all DOL employees pursuant to the EO, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The Secretary’s order directs all DOL employees to cease and desist all investigative and enforcement activity under the revoked EO 11246 and regulations that were implemented in accordance with the EO. It also requires DOL employees “to notify all regulated parties with impacted open reviews or investigations by January 31, 2025, that the EO 11246 component of the review or investigation has been closed and the Section 503 and VEVRAA components of the review or investigation are being held in abeyance pending further guidance.”

Read additional resources on the EO provided by ABC general counsel Littler Mendelson:

DEI Programs and Policies in the Private Sector

The EO, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” also encourages the private sector to cease DEI programs and initiatives. Specifically, the EO directs the attorney general, in consultation with other relevant agencies, to promulgate a report (within 120 days of the order) containing recommendations for enforcing federal civil rights laws and taking other appropriate measures to encourage the private sector to end illegal discrimination and preferences, including DEI.

According to the EO, the report shall contain a proposed strategic enforcement plan identifying:
(i)    Key sectors of concern within each agency’s jurisdiction;
(ii)   The most egregious and discriminatory DEI practitioners in each sector of concern;
(iii)  A plan of specific steps or measures to deter DEI programs or principles (whether specifically denominated “DEI” or otherwise) that constitute illegal discrimination or preferences.  As a part of this plan, each agency shall identify up to nine potential civil compliance investigations of publicly traded corporations, large non-profit corporations or associations, foundations with assets of 500 million dollars or more, State and local bar and medical associations, and institutions of higher education with endowments over 1 billion dollars;
(iv)   Other strategies to encourage the private sector to end illegal DEI discrimination and preferences and comply with all Federal civil-rights laws;
(v)    Litigation that would be potentially appropriate for Federal lawsuits, intervention, or statements of interest; and
(vi)   Potential regulatory action and sub-regulatory guidance.

Read additional resources on the EO provided by ABC general counsel Littler Mendelson:

Immigration

On Jan. 20, President Trump issued a flurry of executive orders related to immigration action items.

ABC recommends every contractor take all precautions in the hiring process to verify each potential employee is eligible to work legally in the United States, including using the E-Verify system.

ABC’s goal is to work with the administration and Congress to create a market-based merit visa system that allows people who want to contribute to society and work legally in the construction industry to do so. There is no place in our country for lawbreakers here to cause harm, and ABC opposes violence, coercion and intimidation of every kind. ABC supports the portion of the administration’s immigration strategy that focuses on lawbreakers.

Following the laws of supply and demand, mass deportations could constrain the availability of labor, which could stifle the ability of the industry to build the construction projects demanded by the marketplace. In other words, the supply of labor may not meet the demand, which could drive up costs, or consumer demand would adjust. And if the worker supply is constrained, employers would most likely adjust their employee value proposition to enhance their position in the marketplace. This is an important reason why we need a market-based merit visa system.

Read additional resources on recent immigration actions provided by ABC general counsel Littler Mendelson:

ABC members are encouraged to reach out to counsel with any questions regarding the above referenced EOs.

On Jan. 27, President Donald Trump removed National Labor Relations Board Member Gwynne A. Wilcox, making history as the first president to dismiss a Board member before the end of their five-year term. In a statement, Wilcox said “I will be pursuing all legal avenues to challenge my removal, which violates long-standing Supreme Court precedent,” If upheld in court, this decision leaves the Board with only two members, Marvin Kaplan and David Prouty, after the U.S. Senate rejected former NLRB Chair Lauren McFerran’s nomination to serve another term on the Board.

Before President Trump removed Wilcox, he designated Marvin Kaplan as chair of the Board. Kaplan, whose nomination ABC supported, was confirmed as a member of the Board during the first Trump administration, has a term running through Aug. 27, 2025, while Member Prouty’s term extends to Aug. 27, 2026.

President Trump’s removal of Wilcox was followed by the removal of NLRB General Counsel Jennifer Abruzzo, who previously served as special counsel for strategic initiatives for Communications Workers of America and as and a former acting general counsel for the NLRB in 2017. President Trump’s removal of Abruzzo, mirrors President Joe Biden’s Inauguration Day removal of Trump’s first-term general counsel, Peter Robb. 

Under the Biden administration, the NLRB aggressively pushed pro-union only policies that tilted the playing field against merit shop contractors and free enterprise. The Board’s actions have often favored organized labor at the expense of employers, including those in the construction industry who rely on fair and predictable labor regulations. Wilcox, a staunch union advocate, played a key role in advancing policies that threatened workplace flexibility, worker choice and employer rights.

Looking ahead, Deputy General Counsel Jessica Rutter has been named acting general counsel in the near term, as a permanent replacement subject to Senate confirmation. The future composition of the Board is less certain. Traditionally, the president’s party holds a 3-2 majority on the five-member Board. However, in New Process Steel, the U.S. Supreme Court ruled that the NLRB needs three members to have a quorum, so with a two-person board, the current NLRB lacks the quorum needed to issue decisions.

For ABC members, this shake-up at the NLRB represents an opportunity to restore fairness and predictability in labor relations. ABC will continue to advocate for a balanced approach at the NLRB and oppose regulatory overreach that may threaten employees, employers and economic growth.

Post your 2024 Occupational Safety and Health Administration 300A form by Feb. 1, 2025, and keep it posted through April 30, 2025.

Construction contractors with a NAICS code beginning with 23 that have 20 or more employees in an establishment must use the OSHA portal to electronically submit the OSHA 300A form.

Construction contractors with a NAICS code beginning with 2381 that have 100 or more employees in an establishment must use the OSHA portal to electronically submit the OSHA 300A, 300 and OSHA 301 forms.

Be sure to eliminate personally identifiable information from the data prior to submission. Find detailed instructions on the OSHA website.

For OSHA’s Injury Tracking Application, the deadline is March 2, 2025. More information can be found on OSHA’s website.

The National Institute of Building Sciences Collaboration Academy has launched its 2025 Federal Projects Collaboration Study, which seeks to provide insights for federal agencies and ABC contractors to improve the federal contracting experience. Study researchers are seeking to interview federal and nonfederal general contractors and subcontractors.

Contractors interested in participating in the study can do so through the brief 2025 Federal Projects Collaboration Survey, which is open until Feb. 4 and is estimated to take no more than 10 minutes to complete.

The Collaboration Academy will present results of its study at a workshop and series of presentations on May 21, 2025, at NIBS’ Building Innovation Conference, which will take place May 19-21, 2025, in McLean, Virginia.

In 2024, ABC worked to develop positive outcomes for federal contractor members and federal agencies procuring construction services by participating on the NIBS Collaboration Academy Board of Regents.

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