Senate vote moves repeal of 'blacklisting' another step closer
The Senate has joined the House in passing a resolution to eliminate the so-called blacklisting rule for federal contractors. It is now ready for an expected signature by President Trump.
Editor's Note: A version of this article was first published on FCW.com.
In a tight vote the evening of March 6, the Senate approved a measure to strike down the final "Fair Pay and Safe Workplaces" Federal Acquisition Regulation, often referred to as the "blacklisting rule."
The rule was mandated that contractors had to disclose workplace labor violations before they could work for the federal government. Industry groups complained that it exposed contractors to an assumption of guilt without giving them due process.
While the rule was finalized in August it hasn't had practical impact yet because implementation of most of the rule has been held up since October by a federal court.
Under the Congressional Review Act, Congress can undo recent executive regulations by a joint resolution in an expedited process being used with new frequency under Republican-controlled government.
The Professional Services Council applauded the Senate vote saying in a statement that the rule unfairly denies contractors due process rights because it elevates allegations to the same level as convictions in federal contract evaluations, and it sets up another duplicative compliance regime in federal contracting.
"This vote is a significant step that will return fairness and due process to the government contracting community, while retaining the labor law enforcement mechanisms that ensure compliance and accountability," PSC president and CEO David Berteau said in a statement.
President Donald Trump is expected to sign the measure.