Many stakeholders predicted the end of OFCCP once the White House proposed eliminating it. However, Congress often resists executive branch reorganization plans. For example, Congress refused to go along with the 2017 proposal to merge OFCCP with the Equal Employment Opportunity Commission.
If Congress ultimately blocks OFCCP’s elimination, the Administration will face a decision:
- Operate OFCCP as it has operated in the past, but with a narrower mission because of the rescission of E.O. 11246;
- Scale back operations to the minimum necessary to comply with statutory mandates, as the Administration has done with the Federal Mediation and Conciliation Service; or
- Pursue full closure through other means, such as through a rescission bill, like the Administration did with the U.S. Agency for International Development.