Congress Moves to Rescind 'Blacklisting' Regulations for Federal Contractors

The U.S. House of Representatives passed on a bipartisan basis H.J. Res. 37, a resolution to block the Fair Pay and Safe Workplaces executive order, by a vote of 236-187.

The order is often referred to as the "blacklisting" regulations because of concerns that the government will use these regulations to prohibit employers from doing business with the U.S. government due to actual or alleged labor law violations. The main provisions of the regulation requires certain federal contractors to report violations of 14 different federal labor and employment laws, and the equivalent state laws, in order to compete for federal contracts.

H.J. Res. 37 would nullify the rule Federal Acquisition Regulation; Fair Pay and Safe Workplaces, 81 Fed. Reg. 58562 (August 25, 2016). The bill disapproves a rule that would require federal contractors to disclose findings of non-compliance with labor laws. The rule would bog down Federal procurement with unnecessary and burdensome processes that would result in delays, and decreased competition for Federal government contracts. Rolling back this rule will also help to reduce costs in Federal procurement. The Administration is committed to reducing onerous regulatory burdens on America's businesses and using existing authorities to continue enforcing the Nation's workplace laws.

The Senate is expected to consider a resolution similar to H.J. Res. 37 soon. Senate passage is expected because this is considered a "privileged resolution," which requires only a simple majority (51 votes) for passage. President Donald J. Trump is expected to sign this resolution into law.
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