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House Passes Resolution Blocking ‘Blacklisting’ Rules

On February 2, 2017, the House of Representatives voted 236-187 on a Congressional Review Act resolution, H.J. Res. 37, to repeal a rule stemming from an Obama Executive Order commonly referred to as the ‘blacklisting.’ The rule requires prime contractors and subcontractors with government contracts worth $500,000 or more to acknowledge all their violations and alleged violations of 14 different labor and employment laws and their “state equivalents” over the past three years in order for a labor compliance advisor to determine if the contractors are “responsible” enough to do business with the federal government. This reporting process would continue every six months for the life of the contract.

Fortunately, the regulations never took effect due to a preliminary injunction issued in October 2016. A vote on the same resolution could come in the Senate soon, and is not subject to filibuster.  If it passes the Senate and President Trump signs it, then a substantially similar regulation cannot be issued again. IEC continues to work with members of a coalition actively supporting the resolution and signed onto a letter to Congress urging its passage.