Information about the vote from special interest groups and other information providers in our Report Cards:
FreedomWorks
On Passage: H.J. Res. 37 - Resolution of Disapproval Against the DOD, GSA, and NASA Federal Acquisition Regulation.
This resolution of disapproval under the Congressional Review Act nullifies a the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration's relating to the Federal Acquisition Regulation. This regulation requires federal contractors to disclose decisions on the reporting of violations of federal labor laws and creates paycheck transparency protections for employees of federal contractors. The rule is expected to cost employers $458.3 million in the first year, $413.7 million in the second year, and between $398.5 million and $400 million annually thereafter.
Associated Builders and Contractors
H.J.Res. 37 On Passage: H J RES 37 Disapproving the rule submitted by the Department of Defense, the General Services Administration, and the National.
On Passage: H J RES 37 Disapproving the rule submitted by the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration relating to the Federal. A resolution providing for congressional disapproval of the Federal Acquisition Regulatory Council and U.S. Department of Labor's "blacklisting" rule implementing President Obama's Fair Pay and Safe Workplaces Executive Order 13673. Passed.
National Taxpayers Union
h2017-76.
h2017-76.
NAACP
REQUIRING FEDERAL CONTRACTORS TO COMPLY WITH BASIC FEDERAL LABOR AND NONDISCRIMINATION LAWS.
Final passage of legislation which, using the Congressional Review Act, would repeal an executive order by President Obama which required federal contractors, when bidding for a contract of $500,000 or more, to reveal if they have been found guilty of being in violation of 14 essential, well established, labor or nondiscrimination laws in the past 3 years. H.J. Res. 37 passed the House, and was signed into law by President Trump.
AFL-CIO
Resolution Overturning the Fair Pay and Safe Workplace Rule.
This resolution of disapproval overturned an Obama administration rule that would have required companies bidding on federal contracts to disclose past violations of labor and employment laws, including the Occupational Safety and Health Act, the Fair Labor Standards Act and the National Labor Relations Act. The resolution passed the House and Senate, was signed by President Trump and became law.
U.S. Chamber of Commerce
Disapproving the Blacklisting rule H.J. RES. 37.
This group supports H.J. Res. 37, which would invalidate the Federal Acquisition Regulatory Council’s implementing regulations for President Obama’s Fair Pay and Safe Workplaces executive order.
The Executive Order and the FAR Council’s rule, which has earned the “blacklisting” moniker, is seriously problematic, burdensome and unwarranted:
- They create a virtual “guilty until proven innocent” process on contractors, subcontractors, and would-be contractors to report “violations” of 14 different labor and employment laws and executive orders. But, “violations” are defined to include even minor citations and unproven allegations. Therefore, contractors could lose their ability to perform federal work on baseless claims, and before they have had the opportunity to adjudicate the charges.
- The addition of contracting penalties and new levels of severity for violations usurps Congress’s exclusive authority to write labor and employment laws.
- They exceed the authority provided under the Procurement Act, which allows the president to change federal procurement only to increase “economy and efficiency.” The reporting requirements will likely spur massive delays for procurement, particularly for key Department of Defense items.
- They contradict the Federal Arbitration Act that permits employers to use pre-dispute arbitration clauses in employment contracts to resolve employee complaints without the expense and burden of going to court. Arbitration is a simpler, fairer and faster way for all parties to resolve disputes that arise between them. Such use of these clauses have been upheld by the courts numerous times.
- Because of any contractor’s desire to remain eligible, enforcement agencies will have extraordinary leverage to extract agency-favorable “labor compliance agreements” from contractors to resolve violations, even before the contractors will have had a chance to present their defense.
Citizens Against Government Waste
Labor Law Violation Disclosure Disapproval – Passage.
Passage of the joint resolution that would nullify a Defense Department, General Services Administration and NASA rule that requires companies that bid for federal contracts of more than $500,000 to disclose whether they have been determined in the previous three years to have violated certain federal labor laws and equivalent state laws.
The National Association of Manufacturers
HJRES37 Resolution of Disapproval of the Blacklisting Rule.
Vote on H.J. Res 37, Disapproving the rule submitted by the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration relating to the Federal Acquisition Regulation introduced by Representative Virginia Foxx (R-NC).This group supported this CRA because the regulation, known as “blacklisting,” could bar federal contractors and subcontractors from doing business with the federal government if a company has violated, or has been alleged to have violated, a labor law. Manufacturers could be barred from contracting with the federal government for a simple mistake such as misclassifying an employee’s status.