Federal Management Regulation; Updating the FMR With Diversity, Equity, Inclusion, and Accessibility Language
GSA is issuing a final rule that makes technical amendments to the Federal Management Regulation (FMR) regarding gender neutrality. These technical amendments result in more inc...
41 CFR Parts 102-5, 102-36, 102-38, 102-39, 102-40, 102-41, and 102-42
[FMR Case 2024-01; Docket No. GSA-FMR-2024-0001; Sequence No. 1]
RIN 3090-AK79
AGENCY:
Office of Government-wide Policy (OGP), General Services Administration (GSA).
ACTION:
Final rule.
SUMMARY:
GSA is issuing a final rule that makes technical amendments to the Federal Management Regulation (FMR) regarding gender neutrality. These technical amendments result in more inclusive language by replacing gender-specific pronouns (
e.g.,
he, she, his, her) with non-gendered pronouns. GSA is also correcting minor grammatical and administrative errors in FMR parts 102-5 and 102-42. These changes are grammatical and technical in nature and do not result in added costs or associated policy changes.
DATES:
This final rule is effective on October 21, 2024.
FOR FURTHER INFORMATION CONTACT:
Mr. William Garrett, Director, Personal Property Policy Division, Office of Government-wide Policy, at 202-368-8163 or
personalpropertypolicy@gsa.gov
for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755 or
GSARegSec@gsa.gov.
Please cite “FMR Case 2024-01.”
SUPPLEMENTARY INFORMATION:
I. Background
Executive Order (E.O.) 13988,
Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation,
dated January 20, 2021, establishes a policy “to prevent and combat discrimination on the basis of gender identity or sexual orientation, and to fully enforce Title VII and other laws that prohibit discrimination on the basis of gender identity or sexual orientation.” The Federal Government must be a model for diversity, equity, inclusion, and accessibility, where all employees are treated with dignity and respect. Therefore, GSA has undertaken a review of FMR parts 102-5 and 102-33 through 102-42.
Consistent with the American Psychological Association (APA) Style Guide, 7th Edition, Publication Manual Section 5.5 guidance on “Gender and Pronoun Usage”, GSA is replacing gender-specific pronouns, such as he, she, his, or her, with more inclusive and respectful terminology to all segments of society. Other terms that do not use gender-specific language, such as Administrator, Architect, employee, and purchaser, have also been used as appropriate.
II. Discussion of the Final Rule
A. Summary of Significant Changes
This final rule is technical in nature and does not significantly change any definition, operation, or interpretation of the FMR.
B. Expected Cost Impact to the Public
There is no expected cost impact to the public due to these technical changes to the FMR.
III. Executive Orders 12866, 13563, and 14094
Executive Order (E.O.) 12866 (Regulatory Planning and Review) directs 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. E.O. 14094 (Modernizing Regulatory Review) amends Section 3(f) of E.O. 12866 and supplements and reaffirms the principles, structures, and definitions governing contemporary regulatory review established in E.O. 12866 and E.O. 13563. The Office of Management and Budget's Office of Information and Regulatory Affairs (OIRA) has determined that this rule is not a significant regulatory action, and therefore, it was not reviewed under Section 6(b) of E.O. 12866.
IV. Congressional Review Act
OIRA has determined that this rule is not a “major rule” under 5 U.S.C. 804(2). Title II, Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 (codified at 5 U.S.C. 801-808), also known as the Congressional Review Act or CRA, generally provides that before a rule may take effect, unless excepted, the agency promulgating the rule must
( printed page 67866)
submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. This rule is excepted from CRA reporting requirements prescribed under 5 U.S.C. 801 as it relates to agency management or personnel under 5 U.S.C. 804(3)(B).
V. Regulatory Flexibility Act
This final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601,
et seq.
This final rule is also excepted from the Administrative Procedure Act pursuant to 5 U.S.C. 553(a)(2) because it applies to agency management or personnel. Therefore, an Initial Regulatory Flexibility Analysis was not performed.
VI. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to the FMR do not impose recordkeeping or information collection requirements, or the collection of information from offerors, contractors, or members of the public that require the approval of the Office of Management and Budget (OMB) under 44 U.S.C. 3501,
et seq.
What circumstances do not establish a basis for authorizing home-to-work transportation for field work?
* * * * *
(b) When the employee's workday begins at their work; or
* * * * *
Note to § 102-5.75:
For instances where an employee is authorized for home-to-work transportation under the field work provision, but performs field work only on an intermittent basis, the agency shall establish procedures to ensure that a Government passenger carrier is used only when field work is actually being performed. Although some employees' daily workstation is not located in a Government office, these employees are not performing field work. Like all Government employees, employees working in a “field office” are responsible for their own commuting costs.
6. Amend § 102-5.90 by:
a. Revising the section heading; and
b. Removing from the phrase “the employee home-to-work” wherever it appears and adding in its place “home-to-work”.
Should an agency consider whether to base a Government passenger carrier at a Government facility near the employee's home or work rather than authorize home-to-work transportation?
* * * * *
7. Amend § 102-5.105 by revising the first sentence to read as follows:
May others accompany an employee using home-to-work transportation?
Yes, an employee authorized for home-to-work transportation may share space in a Government passenger carrier with other individuals, provided that the passenger carrier does not travel additional distances as a result and such sharing is consistent with the employee's Federal agency's policy. * * *
PART 102-36—DISPOSITION OF EXCESS PERSONAL PROPERTY
8. The authority citation for 41 CFR part 102-36 continues to read as follows:
9. Amend § 102-36.5 by removing the phrases “he deems” and “his functions” and adding the phrases “the Administrator deems” and “their functions” in their places, respectively.
10. Amend § 102-36.40 by removing from the definition “Federal agency” the phrase “his/her direction” and adding the phrase “the Architect's direction” in its place.
21. In § 102-39.20 amend the definition of “Federal agency” by removing the words “his/her direction” and adding, in their place, the words “the Architect's direction.”
PART 102-40—UTILIZATION AND DISPOSITION OF PERSONAL PROPERTY WITH SPECIAL HANDLING REQUIREMENTS
22. The authority citation for 41 CFR part 102-40 continues to read as follows:
23. In § 102-40.135 in paragraph (b) amend the certification paragraph by removing the words “he/she is” and adding in their place the words, “the purchaser is”.
a. In paragraph (d)(1), in the certification, removing the words “his/her bid” and adding in their place the words “their bid”;
b. In paragraph (d)(2):
i. In the introductory text, removing the words “his/her license” and adding in their place the words “the bidder's license”; and
c. In the certification removing the words “he/she is legally” and “his/her license” and adding their place the words “they are legally” and “the bidder's license”, respectively.
27. In § 102-40.170 amend paragraph (g) by removing from certification the words “that he/she is” and adding in their place the words “that the purchaser or donee is”.
32. In § 102-42.10 amend definition of “Employee” in paragraph (7) by removing the words “his or her spouse are separated” and adding in their place the words “the individual's spouse are legally separated”.