Amendment to Executive Order 13673
Signed August 23, 2016·Barack Obama·81 FR 58807
Source
Everything on this page is drawn from the Federal Register, the official daily journal of the United States government. Where this page and the source disagree, the source governs.
Plain-language summary
Amends Executive Order 13673 (Fair Pay and Safe Workplaces), which concerns federal contracting and compliance with labor laws. The changes redirect certain disclosures of labor law violations so that subcontractors report to an entity designated under a forthcoming Federal Acquisition Regulation rule, rather than directly to contractors, and adjust related provisions so contracting officers rely on that entity's advice or the information it receives. It also removes a cross-reference in a separate subsection. The order states it does not affect existing legal authority of agencies or the Office of Management and Budget's budgetary functions, does not create enforceable rights for any party, and is to be applied consistent with existing law and available funding. It takes effect immediately and applies to contract solicitations covered by a final rule to be issued by the Federal Acquisition Regulatory Council under this order and the original 2014 order.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
Report a problem with this summary
Legal standing
Not yet published. Court challenges, injunctions and rulings tied to individual orders will appear here once each can be linked to its source record.
Nothing appears in this space without a citation to a court action or a cited precedent. An order with no such record is described as untested, never as likely or unlikely to survive.
Claimed authority
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
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
Amends: EO 13673, July 31, 2014 Revoked by: EO 13783, March 28, 2017
Compiled after the fact by the National Archives, so recent orders often have none yet. An empty disposition means no record, not no activity.
The order, in full
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 as follows:
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
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.
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.
(Presidential Sig.)
THE WHITE HOUSE,
August 23, 2016.Reproduced from the Federal Register plain-text record, signed August 23, 2016. Typesetting artifacts are removed; no wording is changed.