Senate votes to repeal 'blacklisting' rule

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."

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 regulation, finalized in August, required federal contractors to disclose workplace labor violations before they could work for the federal government. It hasn't had much practical impact yet, because the implementation of most of the rule has been held up since October by a federal court.

"The rule imposes costly reporting requirements on small businesses that many simply cannot bear, and it also reduces the availability and increases the price of much-needed supplies and services, including to our military," Sen. Ron Johnson (R-Wisc.), chairman of the Homeland Security and Government Affairs Committee, said in a speech on the Senate floor.

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.