83_FR_42732 83 FR 42569 - Federal Acquisition Regulation; Paid Sick Leave for Federal Contractors

83 FR 42569 - Federal Acquisition Regulation; Paid Sick Leave for Federal Contractors

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 83, Issue 163 (August 22, 2018)

Page Range42569-42570
FR Document2018-17824

DoD, GSA, and NASA are adopting as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR) to implement the Executive Order (E.O.), Establishing Paid Sick Leave for Federal Contractors. The interim rule also implemented a final rule issued by the Department of Labor.

Federal Register, Volume 83 Issue 163 (Wednesday, August 22, 2018)
[Federal Register Volume 83, Number 163 (Wednesday, August 22, 2018)]
[Rules and Regulations]
[Pages 42569-42570]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17824]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 11, 22, and 52

[FAC 2005-100; FAR Case 2017-001, Item I; Docket No. 2017-0001; 
Sequence No. 1]
RIN 9000-AN27


Federal Acquisition Regulation; Paid Sick Leave for Federal 
Contractors

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD, GSA, and NASA are adopting as final, without change, an 
interim rule amending the Federal Acquisition Regulation (FAR) to 
implement the Executive Order (E.O.), Establishing Paid Sick Leave for 
Federal Contractors. The interim rule also implemented a final rule 
issued by the Department of Labor.

DATES: Effective: August 22, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement 
Analyst, at 202-969-7207 for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat Division at 202-501-4755. Please cite FAC 2005-100, FAR 
Case 2017-001.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD, GSA, and NASA published an interim rule in the Federal 
Register at 81 FR 91627 on December 16, 2016, to implement E.O. 13706, 
Establishing Paid Sick Leave for Federal Contractors. The E.O. was 
signed September 7, 2015, and was published in the Federal Register at 
80 FR 54697 on September 10, 2015. The E.O. seeks to increase 
efficiency and cost savings in the work performed by parties who 
contract with the Federal Government by ensuring that employees on 
those contracts can earn up to 7 days or more of paid sick leave 
annually, including paid sick leave for family care. The interim FAR 
rule also implemented the final rule issued by the Wage and Hour 
Division of the Department of Labor (DOL) to implement E.O. 13706. The 
DOL final rule, entitled ``Establishing Paid Sick Leave for Federal 
Contractors'', was published in the Federal Register at 81 FR 67598 on 
September 30, 2016. Seven respondents submitted comments on the interim 
FAR rule.

II. Discussion and Analysis

    The Civilian Agency Acquisition Council and the Defense Acquisition 
Regulations Council (the Councils) reviewed the comments in the 
development of the final rule. A discussion of the comments is provided 
as follows:

A. Summary of Significant Changes

    There are no changes to the interim rule.

B. Analysis of Public Comments

    Comment: Six respondents strongly supported the interim FAR rule. 
The respondents stated that the interim rule is necessary to guarantee 
more workers the job and economic security that paid sick days provide, 
reduce workplace contagion, and increase productivity and retention. 
The respondents also presented rationale as to why the interim rule 
will benefit businesses, individual workers, taxpayers, and the 
economy.
    Response: Noted.
    Comment: One respondent provided a scenario and asked whether in 
that instance the contract was subject to the requirements of this FAR 
rule. The respondent described a contract action extending the term of 
the contract by exercising an option adjusting the price for 
escalations in labor rates.
    Response: According to DOL (see Notice of Proposed Rulemaking, 81 
FR 9592, published February 25, 2016), unilateral exercise of a 
contract option that has pre-negotiated prices that are subject to 
adjustment due to escalation in labor rates is not a new contract 
covered by E.O. 13706, as implemented in the DOL rule and FAR rule, as 
long as no bilateral negotiations occur (other than any necessary to 
determine and effectuate those pricing adjustments).

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563, Improving Regulation and Regulatory Review, emphasizes the 
importance of quantifying both costs and benefits, of reducing costs, 
of harmonizing rules, and of promoting flexibility. This is not a 
significant regulatory action and, therefore, was not subject to review 
under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated 
September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.

IV. Executive Order 13771

    This rule is not subject to E.O. 13771, Reducing Regulation and 
Controlling Regulatory Costs, because this rule is not a significant 
regulatory action under E.O. 12866.

V. Regulatory Flexibility Act

    DoD, GSA, and NASA have prepared a Final Regulatory Flexibility 
Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5 
U.S.C. 601 et seq. The FRFA is summarized as follows:

    DoD, GSA, and NASA are converting to a final rule, without 
change, an interim rule that amended the Federal Acquisition 
Regulation (FAR) to implement Executive Order (E.O.) 13706, 
Establishing Paid Sick Leave for Federal Contractors, dated 
September 7, 2015, and associated Department of Labor (DOL) 
regulatory requirements at 29 CFR part 13. DOL published a final 
regulatory flexibility analysis in their final rule (81 FR 67598 at 
67703).
    The FAR rule established requirements for contractors under 
contracts containing the clauses at FAR 52.222-6, Construction Wage 
Rate Requirements, or FAR 52.222-41, Service Contract Labor 
Standards, i.e., ``covered contracts,'' to allow employees to accrue 
and use paid sick leave in accordance with E.O. 13706 and 29 CFR 
part 13. Contractors must also include a paid sick leave contract 
clause in covered subcontracts and require covered subcontractors to 
include the substance of the clause in covered lower-tier contracts.
    No public comments were received in response to the initial 
regulatory flexibility analysis.
    This rule applies to contracts and subcontracts at all tiers 
covered by the Service Contract Labor Standards statute, or the Wage 
Rate Requirements (Construction) statute, which require performance 
in whole or in part within the United States. For procurement 
contracts where employees' wages are governed by the Fair Labor

[[Page 42570]]

Standards Act, this rule applies when the contract exceeds the 
micro-purchase threshold, as defined in FAR 2.101. When performance 
is in part within and in part outside the United States, the rule 
applies to the part of the contract or subcontract performed within 
the United States. Data available through the Federal Procurement 
Data System (FPDS) for Fiscal Year 2015, reveals contracts were 
awarded to 18,874 unique small business vendors for services, which 
contained the FAR clause at 52.222-41, Service Contract Labor 
Standards. Additionally, contracts were awarded to 6,753 unique 
small business vendors for construction, which contained the FAR 
clause at 52.222-6, Construction Wage Rate Requirements, for a total 
of 25,627 unique small businesses.
    The DOL final rule identifies records to be kept by all firms, 
including small entities (29 CFR 13.25). Some records are already 
required under the Fair Labor Standards Act, Service Contract Labor 
Standards statute, the Wage Rate Requirements (Construction) 
statute, and their governing regulations. DOL noted in their final 
rule (81 FR 67598 at 67669) that OMB assigned control number 1235-
0029 for the recordkeeping requirements related to paid sick leave. 
The information collection requirement under 1235-0029 includes 
recordkeeping and regulatory familiarization.
    Regarding initial implementation, DOL assumed firms that need to 
create a sick leave policy will each spend 10 hours of time 
developing this policy, regardless of the number of employees, and 
firms with a program in place will spend one hour, regardless of the 
number of employees. DOL also stated in its final rule that 
``Transfers from small contractors and costs to small contractors in 
Year 1 are less than 0.02 percent of revenues on average and are no 
more than 0.17 percent in any industry''. Therefore, according to 
DOL its final rule would not have a significant impact on small 
businesses. This FAR rule finalizes the interim rule without change 
and neither increases nor decreases the cost of the interim rule (81 
FR 91627), which has been in effect since January 1, 2017.
    There are no known significant alternatives to the rule that 
would accomplish the stated objectives of the E.O. and DOL 
regulation. In its final rule, DOL introduced several changes and 
clarifications that may ease the compliance burden. For instance, 
DOL provided greater detail and clarity about how companies with 
paid time off policies can use those policies to satisfy their 
obligations under the E.O. In addition, if a collective bargaining 
agreement (CBA) ratified before September 30, 2016, applies to an 
employee's work performed on or in connection with a covered 
contract and provides at least 56 hours of paid sick time each year, 
the employee will be exempted from the requirements of the E.O. and 
29 CFR part 13 until CBA termination or January 1, 2020, whichever 
is earlier.
    The rule was also modified to allow employers to meet the 
requirements of this rule through multiemployer plans or other 
funds, plans, or programs. This may ease the burden for those 
employers in industries with transitory or mobile workforces.

    Interested parties may obtain a copy of the FRFA from the 
Regulatory Secretariat Division. The Regulatory Secretariat Division 
has submitted a copy of the FRFA to the Chief Counsel for Advocacy of 
the Small Business Administration.

VI. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. Chapter 35) applies. 
However, the information collection requirements to the paperwork 
burden were previously approved for the DOL regulations under OMB 
Control Numbers 1235-0018, Records to be kept by Employers--Fair Labor 
Standards Act, 1235-0021, Employment Information Form, and 1235-0029, 
Government Contractor Paid Sick Leave.

List of Subjects in 48 CFR Parts 1, 11, 22, and 52

    Government procurement.

    Dated: July 31, 2018.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR parts 1, 11, 22, and 52 
which was published in the Federal Register at 81 FR 91627 on December 
16, 2016, is adopted as a final rule without change.

[FR Doc. 2018-17824 Filed 8-21-18; 8:45 am]
 BILLING CODE 6820-EP-P



                                                             Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations                                           42569

                                              Dated: August 1, 2018.                                Register at 80 FR 54697 on September                  III. Executive Orders 12866 and 13563
                                            Shay D. Assad,                                          10, 2015. The E.O. seeks to increase                     Executive Orders (E.O.s) 12866 and
                                            Director, Defense Pricing/Defense                       efficiency and cost savings in the work               13563 direct agencies to assess all costs
                                            Procurement and Acquisition Policy.                     performed by parties who contract with                and benefits of available regulatory
                                              Dated: August 14, 2018.                               the Federal Government by ensuring                    alternatives and, if regulation is
                                            Jeffrey A. Koses,                                       that employees on those contracts can                 necessary, to select regulatory
                                            Senior Procurement Executive/Deputy CAO,                earn up to 7 days or more of paid sick                approaches that maximize net benefits
                                            Office of Acquisition Policy, U.S. General              leave annually, including paid sick                   (including potential economic,
                                            Services Administration.                                leave for family care. The interim FAR                environmental, public health and safety
                                              Dated: August 2, 2018.                                rule also implemented the final rule                  effects, distributive impacts, and
                                            William G. Roets, II,                                   issued by the Wage and Hour Division                  equity). E.O. 13563, Improving
                                            Acting Assistant Administrator, Office of
                                                                                                    of the Department of Labor (DOL) to                   Regulation and Regulatory Review,
                                            Procurement, National Aeronautics and                   implement E.O. 13706. The DOL final                   emphasizes the importance of
                                            Space Administration.                                   rule, entitled ‘‘Establishing Paid Sick               quantifying both costs and benefits, of
                                            [FR Doc. 2018–17822 Filed 8–21–18; 8:45 am]             Leave for Federal Contractors’’, was                  reducing costs, of harmonizing rules,
                                            BILLING CODE 6820–EP–P
                                                                                                    published in the Federal Register at 81               and of promoting flexibility. This is not
                                                                                                    FR 67598 on September 30, 2016. Seven                 a significant regulatory action and,
                                                                                                    respondents submitted comments on the                 therefore, was not subject to review
                                            DEPARTMENT OF DEFENSE                                   interim FAR rule.                                     under section 6(b) of E.O. 12866,
                                                                                                    II. Discussion and Analysis                           Regulatory Planning and Review, dated
                                            GENERAL SERVICES                                                                                              September 30, 1993. This rule is not a
                                            ADMINISTRATION                                            The Civilian Agency Acquisition                     major rule under 5 U.S.C. 804.
                                                                                                    Council and the Defense Acquisition
                                            NATIONAL AERONAUTICS AND                                Regulations Council (the Councils)                    IV. Executive Order 13771
                                            SPACE ADMINISTRATION                                    reviewed the comments in the                            This rule is not subject to E.O. 13771,
                                                                                                    development of the final rule. A                      Reducing Regulation and Controlling
                                            48 CFR Parts 1, 11, 22, and 52                          discussion of the comments is provided                Regulatory Costs, because this rule is
                                            [FAC 2005–100; FAR Case 2017–001, Item                  as follows:                                           not a significant regulatory action under
                                            I; Docket No. 2017–0001; Sequence No. 1]                                                                      E.O. 12866.
                                                                                                    A. Summary of Significant Changes
                                            RIN 9000–AN27                                                                                                 V. Regulatory Flexibility Act
                                                                                                      There are no changes to the interim
                                                                                                    rule.                                                   DoD, GSA, and NASA have prepared
                                            Federal Acquisition Regulation; Paid                                                                          a Final Regulatory Flexibility Analysis
                                            Sick Leave for Federal Contractors                      B. Analysis of Public Comments                        (FRFA) consistent with the Regulatory
                                            AGENCY:  Department of Defense (DoD),                                                                         Flexibility Act, 5 U.S.C. 601 et seq. The
                                                                                                       Comment: Six respondents strongly
                                            General Services Administration (GSA),                                                                        FRFA is summarized as follows:
                                                                                                    supported the interim FAR rule. The
                                            and National Aeronautics and Space                      respondents stated that the interim rule                 DoD, GSA, and NASA are converting to a
                                            Administration (NASA).                                  is necessary to guarantee more workers                final rule, without change, an interim rule
                                            ACTION: Final rule.                                                                                           that amended the Federal Acquisition
                                                                                                    the job and economic security that paid               Regulation (FAR) to implement Executive
                                                                                                    sick days provide, reduce workplace                   Order (E.O.) 13706, Establishing Paid Sick
                                            SUMMARY:   DoD, GSA, and NASA are
                                                                                                    contagion, and increase productivity                  Leave for Federal Contractors, dated
                                            adopting as final, without change, an
                                                                                                    and retention. The respondents also                   September 7, 2015, and associated
                                            interim rule amending the Federal                                                                             Department of Labor (DOL) regulatory
                                                                                                    presented rationale as to why the
                                            Acquisition Regulation (FAR) to                                                                               requirements at 29 CFR part 13. DOL
                                                                                                    interim rule will benefit businesses,
                                            implement the Executive Order (E.O.),                                                                         published a final regulatory flexibility
                                                                                                    individual workers, taxpayers, and the
                                            Establishing Paid Sick Leave for Federal                                                                      analysis in their final rule (81 FR 67598 at
                                                                                                    economy.
                                            Contractors. The interim rule also                                                                            67703).
                                            implemented a final rule issued by the                     Response: Noted.                                      The FAR rule established requirements for
                                            Department of Labor.                                       Comment: One respondent provided a                 contractors under contracts containing the
                                                                                                                                                          clauses at FAR 52.222–6, Construction Wage
                                            DATES: Effective: August 22, 2018.                      scenario and asked whether in that
                                                                                                                                                          Rate Requirements, or FAR 52.222–41,
                                            FOR FURTHER INFORMATION CONTACT: Ms.                    instance the contract was subject to the              Service Contract Labor Standards, i.e.,
                                            Zenaida Delgado, Procurement Analyst,                   requirements of this FAR rule. The                    ‘‘covered contracts,’’ to allow employees to
                                            at 202–969–7207 for clarification of                    respondent described a contract action                accrue and use paid sick leave in accordance
                                            content. For information pertaining to                  extending the term of the contract by                 with E.O. 13706 and 29 CFR part 13.
                                            status or publication schedules, contact                exercising an option adjusting the price              Contractors must also include a paid sick
                                                                                                    for escalations in labor rates.                       leave contract clause in covered subcontracts
                                            the Regulatory Secretariat Division at                                                                        and require covered subcontractors to
                                            202–501–4755. Please cite FAC 2005–                        Response: According to DOL (see                    include the substance of the clause in
                                            100, FAR Case 2017–001.                                 Notice of Proposed Rulemaking, 81 FR                  covered lower-tier contracts.
                                            SUPPLEMENTARY INFORMATION:                              9592, published February 25, 2016),                      No public comments were received in
                                                                                                    unilateral exercise of a contract option              response to the initial regulatory flexibility
                                            I. Background                                           that has pre-negotiated prices that are               analysis.
                                                                                                                                                             This rule applies to contracts and
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                                               DoD, GSA, and NASA published an                      subject to adjustment due to escalation
                                            interim rule in the Federal Register at                 in labor rates is not a new contract                  subcontracts at all tiers covered by the
                                                                                                                                                          Service Contract Labor Standards statute, or
                                            81 FR 91627 on December 16, 2016, to                    covered by E.O. 13706, as implemented                 the Wage Rate Requirements (Construction)
                                            implement E.O. 13706, Establishing                      in the DOL rule and FAR rule, as long                 statute, which require performance in whole
                                            Paid Sick Leave for Federal Contractors.                as no bilateral negotiations occur (other             or in part within the United States. For
                                            The E.O. was signed September 7, 2015,                  than any necessary to determine and                   procurement contracts where employees’
                                            and was published in the Federal                        effectuate those pricing adjustments).                wages are governed by the Fair Labor



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                                            42570            Federal Register / Vol. 83, No. 163 / Wednesday, August 22, 2018 / Rules and Regulations

                                            Standards Act, this rule applies when the                 Interested parties may obtain a copy                Acquisition Regulation (FAR) to
                                            contract exceeds the micro-purchase                     of the FRFA from the Regulatory                       implement Executive Order (E.O.), Non-
                                            threshold, as defined in FAR 2.101. When                Secretariat Division. The Regulatory                  Retaliation for Disclosure of
                                            performance is in part within and in part
                                            outside the United States, the rule applies to
                                                                                                    Secretariat Division has submitted a                  Compensation Information. The interim
                                            the part of the contract or subcontract                 copy of the FRFA to the Chief Counsel                 rule also implemented a final rule
                                            performed within the United States. Data                for Advocacy of the Small Business                    issued by the Department of Labor.
                                            available through the Federal Procurement               Administration.                                       DATES: Effective: August 22, 2018.
                                            Data System (FPDS) for Fiscal Year 2015,
                                                                                                    VI. Paperwork Reduction Act                           FOR FURTHER INFORMATION CONTACT: Ms.
                                            reveals contracts were awarded to 18,874
                                            unique small business vendors for services,                                                                   Zenaida Delgado, Procurement Analyst,
                                                                                                      The Paperwork Reduction Act (44
                                            which contained the FAR clause at 52.222–                                                                     at 202–969–7207 for clarification of
                                                                                                    U.S.C. Chapter 35) applies. However,
                                            41, Service Contract Labor Standards.                                                                         content. For information pertaining to
                                                                                                    the information collection requirements
                                            Additionally, contracts were awarded to                                                                       status or publication schedules, contact
                                            6,753 unique small business vendors for                 to the paperwork burden were
                                                                                                                                                          the Regulatory Secretariat Division at
                                            construction, which contained the FAR                   previously approved for the DOL
                                                                                                                                                          202–501–4755. Please cite FAC 2005–
                                            clause at 52.222–6, Construction Wage Rate              regulations under OMB Control
                                                                                                                                                          100, FAR Case 2016–007.
                                            Requirements, for a total of 25,627 unique              Numbers 1235–0018, Records to be kept
                                            small businesses.                                       by Employers—Fair Labor Standards                     SUPPLEMENTARY INFORMATION:
                                               The DOL final rule identifies records to be          Act, 1235–0021, Employment
                                            kept by all firms, including small entities (29                                                               I. Background
                                                                                                    Information Form, and 1235–0029,
                                            CFR 13.25). Some records are already                                                                             DoD, GSA, and NASA published an
                                            required under the Fair Labor Standards Act,            Government Contractor Paid Sick Leave.
                                                                                                                                                          interim rule in the Federal Register at
                                            Service Contract Labor Standards statute, the           List of Subjects in 48 CFR Parts 1, 11,               81 FR 67732 on September 30, 2016, to
                                            Wage Rate Requirements (Construction)                   22, and 52
                                            statute, and their governing regulations. DOL                                                                 implement E.O. 13665, Non-retaliation
                                            noted in their final rule (81 FR 67598 at                   Government procurement.                           for Disclosure of Compensation
                                            67669) that OMB assigned control number                                                                       Information. The E.O. was signed April
                                                                                                      Dated: July 31, 2018.
                                            1235–0029 for the recordkeeping                                                                               8, 2014, and was published in the
                                            requirements related to paid sick leave. The            William F. Clark,                                     Federal Register at 79 FR 20749 on
                                            information collection requirement under                Director, Office of Government-wide                   April 11, 2014. E.O. 13665 amends E.O.
                                            1235–0029 includes recordkeeping and                    Acquisition Policy, Office of Acquisition             11246 to provide for a uniform policy
                                            regulatory familiarization.                             Policy, Office of Government-wide Policy.
                                               Regarding initial implementation, DOL
                                                                                                                                                          for the Federal Government to prohibit
                                            assumed firms that need to create a sick leave          Interim Rule Adopted as Final Without                 Federal contractors from discriminating
                                            policy will each spend 10 hours of time                 Change                                                against employees and job applicants
                                            developing this policy, regardless of the                                                                     who inquire about, discuss, or disclose
                                            number of employees, and firms with a                   ■ Accordingly, the interim rule                       their own compensation or the
                                            program in place will spend one hour,                   amending 48 CFR parts 1, 11, 22, and                  compensation of other employees or
                                            regardless of the number of employees. DOL              52 which was published in the Federal                 applicants. The interim FAR rule also
                                            also stated in its final rule that ‘‘Transfers          Register at 81 FR 91627 on December                   implemented the final rule issued by the
                                            from small contractors and costs to small               16, 2016, is adopted as a final rule
                                            contractors in Year 1 are less than 0.02
                                                                                                                                                          Office of Federal Contract Compliance
                                                                                                    without change.                                       Programs (OFCCP) of the Department of
                                            percent of revenues on average and are no
                                            more than 0.17 percent in any industry’’.               [FR Doc. 2018–17824 Filed 8–21–18; 8:45 am]           Labor (DOL) to implement E.O. 13665.
                                            Therefore, according to DOL its final rule              BILLING CODE 6820–EP–P                                The DOL final rule, entitled
                                            would not have a significant impact on small                                                                  ‘‘Government Contractors, Prohibitions
                                            businesses. This FAR rule finalizes the                                                                       Against Pay Secrecy Policies and
                                            interim rule without change and neither                 DEPARTMENT OF DEFENSE                                 Actions’’, was published in the Federal
                                            increases nor decreases the cost of the                                                                       Register at 80 FR 54934, on September
                                            interim rule (81 FR 91627), which has been              GENERAL SERVICES                                      11, 2015. The DOL rule revises 41 CFR
                                            in effect since January 1, 2017.                        ADMINISTRATION
                                               There are no known significant alternatives                                                                part 60–1. Two respondents submitted
                                            to the rule that would accomplish the stated                                                                  comments on the interim FAR rule.
                                                                                                    NATIONAL AERONAUTICS AND
                                            objectives of the E.O. and DOL regulation. In                                                                 II. Discussion and Analysis
                                            its final rule, DOL introduced several
                                                                                                    SPACE ADMINISTRATION
                                            changes and clarifications that may ease the                                                                    The Civilian Agency Acquisition
                                            compliance burden. For instance, DOL                    48 CFR Parts 1, 22, and 52                            Council and the Defense Acquisition
                                            provided greater detail and clarity about how           [FAC 2005–100; FAR Case 2016–007; Item                Regulations Council (the Councils)
                                            companies with paid time off policies can               II; Docket No. 2016–0007; Sequence No. 1]             reviewed the public comments in the
                                            use those policies to satisfy their obligations
                                            under the E.O. In addition, if a collective
                                                                                                                                                          development of the final rule. A
                                                                                                    RIN 9000–AN10
                                            bargaining agreement (CBA) ratified before                                                                    discussion of the comments is provided
                                            September 30, 2016, applies to an employee’s            Federal Acquisition Regulation: Non-                  as follows:
                                            work performed on or in connection with a               Retaliation for Disclosure of                         A. Summary of Significant Changes
                                            covered contract and provides at least 56               Compensation Information
                                            hours of paid sick time each year, the                                                                          There are no changes to the interim
                                            employee will be exempted from the                      AGENCY:  Department of Defense (DoD),                 rule.
                                            requirements of the E.O. and 29 CFR part 13             General Services Administration (GSA),
                                            until CBA termination or January 1, 2020,                                                                     B. Analysis of Public Comments
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                                                                                                    and National Aeronautics and Space
                                            whichever is earlier.                                                                                            Comment: Both respondents strongly
                                                                                                    Administration (NASA).
                                               The rule was also modified to allow
                                            employers to meet the requirements of this              ACTION: Final rule.                                   supported the interim FAR rule. Both
                                            rule through multiemployer plans or other                                                                     respondents stated that the interim rule
                                            funds, plans, or programs. This may ease the            SUMMARY:  DoD, GSA, and NASA                          is necessary to bring an end to pay
                                            burden for those employers in industries                adopted as final, without change, an                  secrecy policies and practices that
                                            with transitory or mobile workforces.                   interim rule amending the Federal                     perpetuate discrimination, including the


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Document Created: 2018-08-22 00:38:20
Document Modified: 2018-08-22 00:38:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective: August 22, 2018.
ContactMs. Zenaida Delgado, Procurement Analyst, at 202-969-7207 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Please cite FAC 2005-100, FAR Case 2017-001.
FR Citation83 FR 42569 
RIN Number9000-AN27
CFR Citation48 CFR 11
48 CFR 1
48 CFR 22
48 CFR 52

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