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

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.

THE WHITE HOUSE,

August 23, 2016.