National Association of Government Contractors

United State House of Representatives
Congress moves against blacklisting rules.
Congress Moves Against Blacklisting Rule

Recently, 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.

Many have voiced concerns that the blacklisting regulations unnecessarily and unfairly duplicate existing safeguards in the federal contracting process and that they could prevent a significant number of employers from competing for federal contracts.

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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