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Over the last year, the Trump administration has taken major steps to roll back burdensome rules and regulations issued by the Obama administration. In his first two months in office, President Trump signed Executive Order 13777, “Enforcing the Regulatory Reform Agenda,” and Executive Order 13771, “Reducing Regulation and Controlling Regulatory Costs,” which create regulatory reform task forces to remove burdensome regulations and prevent agencies from issuing unnecessary regulations with a so-called “one in, two out” policy. 

Be sure to mark your calendar for the upcoming ABC webinars on federal regulations and policies that impact the construction industry.

On Nov. 6, three federal agencies issued a final rule amending the Federal Acquisition Regulation (FAR) to withdraw the Fair Pay and Safe Workplaces final rule —“blacklisting”— and President Barack Obama’s Executive Order 13673.  Additionally, the Department of Labor withdrew the corresponding guidance document. 

Last week, the House of Representatives passed H.R. 3354, the Make America Secure and Prosperous Appropriations Act, 2018, which provides $1.1 trillion in discretionary funding for the federal government through 12 individual appropriations bills.

In his first 100 days in office, President Trump took a variety of actions that impact ABC members culminating in the swearing in of U.S. Department of Labor Secretary R. Alexander Acosta on April 28. Read a statement by ABC President and CEO Michael Bellaman praising President Trump for taking important steps to create a pro-growth business environment and a summary of those actions.

ABC applauded the U.S. Senate for joining the U.S. House of Representatives in passing legislation (H.J. Res. 37) that will block implementation of the Obama administration’s controversial Fair Pay and Safe Workplaces Executive Order 13673, commonly referred to as “blacklisting,” through the Congressional Review Act (CRA). 

The U.S. House of Representatives passed legislation to block implementation of the Obama administration’s Fair Pay and Safe Workplaces Executive Order 13673, commonly referred to as “blacklisting,” through the Congressional Review Act (CRA). The bill (H. J. Res. 37) was passed by a vote of 236-187 after ABC sent a letter to the House urging lawmakers to support it. The U.S. Senate is expected to vote on a similar resolution the week of Feb. 13. 

ABC is encouraging all members to call on their Representative to support H.J. Res. 37, introduced by U.S. House Education and Workforce Committee Chairwoman Virginia Foxx (R-N.C.), House Small Business Committee Chairman Steve Chabot (R-Ohio), and House Oversight and Government Reform Committee Chairman Jason Chaffetz (R-Utah). The resolution provides for congressional disapproval under the Congressional Review Act (CRA) to invalidate the Federal Acquisition Regulatory (FAR) Council and U.S. Department of Labor's (DOL) "blacklistin

On Oct. 24, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction that prevents the Federal Acquisition Regulatory (FAR) Council from implementing the final blacklisting rule, officially titled Fair Pay and Safe Workplaces, which was scheduled to go into effect on Oct. 25. 

WASHINGTON, D.C., Oct. 7– Associated Builders and Contractors (ABC) and its ABC Southeast Texas Chapter announced that they have filed a lawsuit challenging the Fair Pay and Safe Workplaces final rule, commonly referred to as the “blacklisting” rule, which was released Aug. 25, 2016. The legal challenge was filed in the U.S. District Court for the Eastern District of Texas, Beaumont Division, by the Texas office of Littler Mendelson, P.C., ABC National’s general counsel. The firm will represent ABC, the ABC Southeast Texas Chapter and the National Association of Security Companies (NASCO) in the lawsuit.

In the wake of the Aug. 24 issuance of the “blacklisting” final rule by the Obama administration, ABC recently surveyed membership to determine the impact of the rule on the contracting community interested in pursuing federal contracts. ABC’s survey of its members reveals that more than 51 percent of respondents said the final rule’s onerous requirements, including reporting alleged violations that firms are still contesting, will force them to abandon the pursuit of federal contracts. 

In the wake of the Aug. 24 issuance of the final rule  on “blacklisting,” ABC is quickly deploying resources to help members comply with new requirements while pursuing legislative efforts and, potentially, litigation to protect contractors and taxpayers from the policy.

ABC slammed the flawed Fair Pay and Safe Workplaces final rule, commonly referred to as “blacklisting,” released by the Federal Acquisition Regulatory (FAR) Council. The rule, which was accompanied by a guidance document from the U.S. Department of Labor and a White House amendment to Executive Order 13673, will increase costs for taxpayers, threaten the livelihood of millions of Americans who work for responsible federal contractors and cripple the federal procurement process with needless uncertainty, delays and

The U.S. House of Representatives Appropriations Committee approved the FY 2017 Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act Jul 14 in a 31-19 vote. 

On May 18, the administration released the latest regulatory agenda outlining their plans for their final months. The agencies are looking to work on several rulemakings impacting federal contractors. An update on rulemakings affecting the construction industry is outlined below. 

An amendment which would exempt the Department of Defense (DoD) and the National Nuclear Security Administration (NNSA) from the controversial “Fair Pay and Safe Workplaces” Executive Order 13673, proposed rule and guidance, commonly referred to as “blacklisting,” passed the House Armed Services Committee on April 28.

On Feb. 17, ABC sent a letter to the U.S. House of Representatives Committee on Appropriations Subcommittee on Health and Human Services, Education, and Related Agencies Chairman Tom Cole (R-Okla.) and Ranking Member Rosa DeLauro (D-Conn.) expressing concern over several regulations issued by the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB). 

ABC continued its longstanding opposition to the Obama administration’s blacklisting proposal by submitting a letter for the record in support of the Sept. 29 Committee on Small Business Subcommittees on Contracting and the Workforce and Investigations, Oversight and Regulations hearing titled The Blacklist: Are Small Businesses Guilty Until Proven Innocent?

ABC Aug. 26 submitted comments urging the withdrawal of the Federal Acquisition Regulatory (FAR) Council’s Notice of Proposed Rulemaking (NPRM) and the U.S. Department of Labor’s (DOL) Notice of Proposed Guidance (NPG) implementing President Obama’s “Fair Pay and Safe Workplaces” Executive Order 13673, commonly referred to as the blacklisting proposal.

There is still time to make your voice heard in the fight against an Obama administration proposal targeting federal contractors that will drastically reshape federal contracting, harm ABC members and trample the principles of fair and open competition.

U.S. Senate committee leaders Aug. 6 urged the Obama administration to pull its “incomplete” guidance proposal to implement the Obama administration’s “blacklisting” Executive Order 13673 and suspend its related proposed rule until the entire proposal is completed. 

The Federal Acquisition Regulatory Council and the U.S. Department of Labor issued a second extension for submitting comments on the proposal implementing President Obama’s Fair Pay and Safe Workplaces Executive Order 13673, commonly referred to as the “blacklisting” executive order, by 15 days to Aug. 26. The extension comes as a result of Republican leaders of three congressional committees requesting an extension of the comment period.

Republican leaders of three congressional committees sent a letter July 15 to the U.S. Department of Labor (DOL), the Federal Acquisition Regulatory (FAR) Council, and other Obama administration officials, requesting that the proposed guidance and regulations for the Fair Pay and Safe Workplaces Executive Order 13673 (known as the Blacklisting EO) be withdrawn. This letter was sent a few days after the DOL and the FAR Council announced a two-week extension of the notice and comment period for the Blacklisting proposal to August 11.  

ABC members have more time to respond to a proposal implementing President Obama’s Fair Pay and Safe Workplaces Executive Order 13673, known as the “blacklisting” EO, signed July 31, 2014. The public comment deadline for a proposed rulemaking issued May 28, by the Federal Acquisition Regulatory (FAR) Council and proposed guidance by the U.S. Department of Labor (DOL) implementing the blacklisting EO has been extended from July 27 to August 11.

President Obama’s Fair Pay and Safe Workplaces Executive Order 13673, known as the “blacklisting” EO, was signed July 31, 2014. A proposed rulemaking issued May 28, by the Federal Acquisition Regulatory (FAR) Council and proposed guidance by the U.S. Department of Labor (DOL) implementing the blacklisting EO is open for public comment until July 27.