[Federal Register Volume 82, Number 213 (Monday, November 6, 2017)]
[Rules and Regulations]
[Page 51358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23588]
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DEPARTMENT OF LABOR
Office of the Secretary
48 CFR Parts 22 and 52
ZRIN 1290-ZA02
Guidance for Executive Order 13673, ``Fair Pay and Safe
Workplaces''
AGENCY: Department of Labor.
ACTION: Final guidance; rescission.
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SUMMARY: Under the Congressional Review Act, Congress has passed, and
the President has signed, Public Law 115-11, a resolution of
disapproval of the rule promulgated by the Department of Defense,
General Services Administration, and National Aeronautics and Space
Administration to implement Executive Order 13673, Fair Pay and Safe
Workplaces, as amended (the ``Order''). Additionally, the President has
issued an Executive Order revoking the Order, and directing all
executive departments and agencies, as appropriate and to the extent
consistent with law, to consider promptly rescinding any orders, rules,
regulations, guidance, guidelines, or policies implementing or
enforcing the Order. Accordingly, the Department of Labor is rescinding
its guidance on the Order, published on August 25, 2016.
DATES: Effective November 6, 2017.
FOR FURTHER INFORMATION CONTACT: Stephanie Swirsky, Deputy Assistant
Secretary for Policy, U.S. Department of Labor, Room S-2312, 200
Constitution Avenue NW., Washington, DC 20210; telephone: (202) 693-
5959 (this is not a toll-free number). Copies of this notice may be
obtained in alternative formats (large print, Braille, audio tape or
disc), upon request, by calling (202) 693-5959 (this is not a toll-free
number). TTY/TDD callers may dial toll-free [1-877-889-5627] to obtain
information or request materials in alternative formats.
SUPPLEMENTARY INFORMATION: On July 31, 2014, President Barack Obama
issued Executive Order 13673, Fair Pay and Safe Workplaces. 79 FR
45309. Executive Order 13673 was amended twice, first by section 3 of
Executive Order 13683 on December 11, 2014, 79 FR 75041, and again by
Executive Order 13738 on August 23, 2016, 81 FR 58807. The Order
directed the Federal Acquisition Regulatory Council (``FAR Council'')
to amend its regulations consistent with the Order's requirements, and
directed the Secretary of Labor (``Secretary'') to develop guidance to
assist agencies in implementing the Order. After notice and comment,
the final rule and guidance were published on August 25, 2016. 81 FR
58562 (FAR Council's rule); 81 FR 58654 (Secretary's guidance). On
October 24, 2016, the United States District Court for the Eastern
District of Texas issued a preliminary injunction partially enjoining
the FAR Council's rule and the Secretary's guidance. See Associated
Builders & Contractors of Se. Texas v. Rung, No. 1:16-CV-425, 2016 WL
8188655 (E.D. Tex. Oct. 24, 2016). On October 25, 2016, the FAR Council
issued a memorandum directing that all steps necessary be taken to
ensure that the enjoined provisions of the rule would not be
implemented while the injunction was in force. On December 16, 2016,
the Department of Defense, General Services Administration, and
National Aeronautics and Space Administration, on behalf of the FAR
Council, amended the FAR Council's rule to conform to the district
court's injunction. 81 FR 91636.
On March 27, 2017, President Donald Trump signed Public Law 115-11,
a resolution of disapproval of the FAR Council's rule under the
Congressional Review Act, 5 U.S.C. 801 et seq. The resolution had
previously passed the House of Representatives on February 2, 2017 and
the Senate on March 6, 2017. See 163 Cong. Rec. S1601 (daily ed. Mar.
6, 2017); 163 Cong. Rec. H907 (daily ed. Feb. 2, 2017). Under the
Congressional Review Act, a rule shall not take effect or continue if a
joint resolution of disapproval of the rule is enacted. 5 U.S.C.
801(b)(1). Additionally, on March 27, 2017, President Trump issued
Executive Order 13782, revoking Executive Order 13673, section 3 of
Executive Order 13683, and Executive Order 13738, and directing all
executive departments and agencies, ``as appropriate and to the extent
consistent with law, [to] consider promptly rescinding any orders,
rules, regulations, guidance, guidelines, or policies implementing or
enforcing the revoked Executive Orders and revoked provision[.]'' 82 FR
15607. Accordingly, the Secretary is hereby rescinding the guidance on
Fair Pay and Safe Workplaces, published on August 25, 2016. In a
separate entry published in today's Federal Register, the Department of
Defense, General Services Administration, and National Aeronautics and
Space Administration, on behalf of the FAR Council, are rescinding the
FAR Council's rule.
Signed this 13th day of October, 2017.
R. Alexander Acosta,
Secretary, U.S. Department of Labor.
[FR Doc. 2017-23588 Filed 11-3-17; 8:45 am]
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