Executive Order 13738
Executive Order 13738 of August 23, 2016
Amendment to Executive Order 13673
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including 40 U.S.C. 121, and in
order to promote economy and efficiency in procurement by contracting
with responsible sources who comply with labor laws, it is hereby ordered
Section 1. Amendment to Executive Order 13673. Executive Order 13673
of July 31, 2014 (Fair Pay and Safe Workplaces), is amended as follows:
(1) in subsection 2(a)(iv)(A), by inserting, after the word ‘‘disclose,’’ the
following: ‘‘to the entity designated by a final rule amending the Federal
Acquisition Regulation under subsection 4(a)’’;
(2) in subsection 2(a)(iv)(B), by striking ‘‘the information submitted by
the subcontractor pursuant to subparagraph (A) of this paragraph’’ and replacing
in lieu thereof the following: ‘‘the advice provided by the entity designated
by a final rule amending the Federal Acquisition Regulation under
subsection 4(a), or the information submitted to that entity’’;
(3) in subsection 2(a)(v), by striking ‘‘to the contractor’’ and inserting
in lieu thereof the following: ‘‘to an entity designated by a final rule amending
the Federal Acquisition Regulation under subsection 4(a)’’; and
(4) in subsection 4(c)(i), by striking ‘‘and (ii)’’.
Sec. 2. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to a department, agency, or the head
(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.
Sec. 3. Effective Date. This order shall become effective immediately and
shall apply to all solicitations for contracts as set forth in any final rule
issued by the Federal Acquisition Regulatory Council under this order and
Executive Order 13673 of July 31, 2014.
THE WHITE HOUSE,
August 23, 2016.