The House of Representatives has taken the first step toward revoking the Obama Administration’s regulations implementing Executive Order (E.O.) 13673, the Fair Pay and Safe Workplaces, or “blacklisting” E.O. On February 2, 2017, by a vote of 236-187, the House adopted a so-called “resolution of disapproval” under the rarely invoked Congressional Review Act (CRA). The CRA, enacted in 1996, provides an expedited process for overturning federal regulations.
The House-approved resolution of disapproval now moves to the Senate, where the Republican-controlled majority is expected to pass it in the near future. The White House has indicated that President Trump will sign the resolution into law if it reaches his desk, effectively nullifying the blacklisting rule and its implementing regulations.
Meanwhile, the Trump Administration has taken additional steps to decrease both the number of federal regulations and the total cost of regulatory burdens. On January 30, 2017, President Trump signed new E.O. 13771 that White House officials have described as “the most significant action in the world of regulatory reform” in decades. While the ultimate impact of the new E.O. on future regulatory activity will not be known until more detailed implementing guidance is issued by the White House Office of Management and Budget (OMB), it would appear that the days of the aggressive Obama-era regulatory agenda are over.
Members of the Equal Employment Advisory Council (EEAC) can read more here.