Advancing Economy, Efficiency, and Effectiveness in Federal Contracting by Promoting Pay Equity and Transparency
Signed March 15, 2022·Joseph R. Biden Jr.·87 FR 15315
Source
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Plain-language summary
Directs the Federal Acquisition Regulatory Council, working with the Secretary of Labor and other agency heads, to consider proposed rules promoting pay equity and transparency for job applicants and employees of federal contractors and subcontractors. The council is specifically asked to weigh whether such rules should limit or prohibit contractors from seeking or considering applicants' and employees' current or past compensation when making employment decisions, and to consider including accountability measures. The order notes that the Office of Personnel Management separately expects to propose a related rule on salary history use in federal employee hiring and pay-setting, consistent with Executive Order 14035. Implementation is subject to existing law and available appropriations, and the order states it does not create any enforceable legal rights.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Legal standing
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
See: EO 14035, June 25, 2021 Revoked by: EO 14148, January 20, 2025
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The order, in full
Executive Order 14069 of March 15, 2022
Advancing Economy, Efficiency, and Effectiveness
in Federal Contracting by Promoting Pay Equity and
Transparency
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
Section 1. Policy. It is the policy of my
Administration to eliminate discriminatory pay
practices that inhibit the economy, efficiency, and
effectiveness of the Federal workforce and the
procurement of property and services by the Federal
Government. The Office of Personnel Management
anticipates issuing a proposed rule that will address
the use of salary history in the hiring and pay-setting
processes for Federal employees, consistent with
Executive Order 14035 of June 25, 2021 (Diversity,
Equity, Inclusion, and Accessibility in the Federal
Workforce). The purpose of this order is to direct the
consideration of parallel efforts with respect to
Federal procurement.
Sec. 2. Economy, Efficiency, and Effectiveness in
Federal Procurement. Consistent with applicable law and
subject to the availability of appropriations, the
Federal Acquisition Regulatory Council, in consultation
with the Secretary of Labor and the heads of other
executive departments and agencies as appropriate,
shall consider issuing proposed rules to promote
economy, efficiency, and effectiveness in Federal
procurement by enhancing pay equity and transparency
for job applicants and employees of Federal contractors
and subcontractors. In doing so, the Federal
Acquisition Regulatory Council shall specifically
consider whether any such rules should limit or
prohibit Federal contractors and subcontractors from
seeking and considering information about job
applicants' and employees' existing or past
compensation when making employment decisions. The
Federal Acquisition Regulatory Council shall also
consider the inclusion of appropriate accountability
measures in any such rules.
Sec. 3. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
March 15, 2022.Reproduced from the Federal Register plain-text record, signed March 15, 2022. Typesetting artifacts are removed; no wording is changed.