EO 13738Executive OrderObama · D

Executive Order 13738

Amendment to Executive Order 13673

This executive order makes technical amendments to Executive Order 13673 (Fair Pay and Safe Workplaces), redirecting certain labor law disclosure requirements from contractors directly to a designated entity under Federal Acquisition Regulation rules. The changes are procedural, adjusting how labor violation information flows between subcontractors, contractors, and the government during federal procurement.

Impact dates

  1. Application to solicitations for contracts under final FAR Council rule

  2. EO becomes effective immediately

Key directives

  • Amend EO 13673 subsection 2(a)(iv)(A) to require disclosure to entity designated by final FAR rule
  • Amend EO 13673 subsection 2(a)(iv)(B) to reference advice/information from designated entity
  • Amend EO 13673 subsection 2(a)(v) to direct submissions to designated entity rather than contractor
  • Remove 'and (ii)' from EO 13673 subsection 4(c)(i)
  • EO effective immediately; applies to solicitations under final FAR Council rules

Timeline

Immediate

  • EO takes effect immediately upon signing

Near term (90d)

  • Application to solicitations depends on final FAR Council rule issuance (timing unspecified)

Long term

  • Potential operational changes for contractor compliance systems once FAR rules are finalized

Risks & tensions

  • Actual impact delayed and contingent on unspecified final FAR Council rulemaking
  • Technical nature of amendments makes practical significance unclear without context of broader EO 13673 implementation disputes
  • Vague: 'entity designated by final rule' leaves identity of receiving body unspecified in EO text
Executive Order 13738: Amendment to Executive Order 13673 · Executive Orders