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Congress Blocks Federal Contractor Disclosure Requirements; President Trump Expected to Sign

Mar 10, 2017

A so-called “blacklisting” rule that sought to force federal contractors to disclose previous labor-law violations has been all but eliminated by Congress, according Safety+Health.

Members of the House and Senate introduced a joint resolution of disapproval in an attempt to block the Obama administration’s 2014 Fair Pay and Safe Workplaces Executive Order, commonly known as the Blacklisting Rule.

The rule would require firms to report previous labor law violations when bidding for work with the federal government. Through the use of the Congressional Review Act, Congress is capable of blocking a federal agency from implementing such orders.

The House on Feb. 2 voted 236-187 to repeal the federal contractor disclosure requirements, according on Safety+Health. Then, on March 6, the Senate voted 49-48 to undo the requirements.

Wesley Wheeler, NECA’s Director of Safety, praised the Congressional action, saying blacklisting and making public this kind of information could be a hindrance in a company’s ability to perform work for the government.

“The rule, if implemented, could have driven up contractual prices due to the small number of companies that would have met the stringent criteria,” Wheeler said.

Marco Giamberardino, NECA’s Executive Director of Government Affairs, added that while NECA was optimistic about the original intention of the executive order, the subsequent rulemaking implementing the executive order created too much uncertainty for NECA contractors, who would be subject to the decisions of Labor Department officials who often know little about federal construction contracting.